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WALLING v. O'GRADY

No. 124.

146 F.2d 422 (1944)

WALLING, Adm'r of Wage and Hour Division, U. S. Dept. of Labor, v. O'GRADY et al.

Circuit Court of Appeals, Second Circuit.

December 29, 1944.

Attorney(s) appearing for the Case

Douglas B. Maggs, Sol., and Bessie Margolin, Asst. Sol., both of Washington, D. C., Irving Rozen, Regional Atty., of New York City, and Edward D. Friedman, of Washington, D. C., for L. Metcalfe Walling, Administrator, plaintiff-appellant.

Aaron E. Koota, of New York City, for John J. O'Grady, Executor, et al., defendants-appellees.

Before SWAN, AUGUSTUS N. HAND, and FRANK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

On August 27, 1942, the defendants discharged an elevator operator whom they employed in a building which they owned at No. 100 East 37th Street, in New York City. He had been employed for some four years before his discharge which was found to have been because he had sued the defendants on August 19, 1942 in the Municipal Court of the City of New York under Section 16(b) of the Fair Labor Standards Act, 29 U.S.C.A. § 216(b)...

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