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PHILIPS v. STAR OVERALL DRY CLEANING LAUNDRY CO.

55 F.Supp. 238 (1944)

PHILIPS et al. v. STAR OVERALL DRY CLEANING LAUNDRY CO., Inc., et al.

District Court, S. D. New York.

January 6, 1944.

Attorney(s) appearing for the Case

Barney Rosenstein, of New York City (Charles R. Katz, of New York City, of counsel), for plaintiff.

Samuel Pflug, of New York City (Joseph Katz, of Brooklyn, N. Y., of counsel), for defendant.

RIFKIND, District Judge.

The facts having all been stipulated, only two questions of law require determination:

1. Disregarding the exemption of § 13 (a) (2) of the Fair Labor Standards Act of 1938, are the plaintiffs covered by § 7 of the Act, 29 U.S.C.A. §§ 213(a) (2), 207?

2. Are the plaintiffs excluded from the provisions of § 7 by reason of the exemption of § 13(a) (2), which reads: "The provisions of sections 6 and...

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