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FLEMING v. POST

No. 125.

146 F.2d 441 (1944)

FLEMING et al. v. POST et al.

Circuit Court of Appeals, Second Circuit.

December 14, 1944.

Attorney(s) appearing for the Case

Julian S. Bush, of New York City (W. Kintzing Post, of New York City, of counsel), for appellant.

Henry Albert, of Astoria, N. Y. (Max R. Simon, of Brooklyn, N. Y., of counsel), for appellees.

Douglas B. Maggs and Bessie Margolin, both of Washington, D. C., Irving Rozen, of New York City, George M. Szabad, of Washington, D. C., and Albert A. Spiegel, of McKeesport, Pa., for United States Department of Labor.

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

FRANK, Circuit Judge.

1. We think there can be no valid release of the right to the payment of the back minimum and overtime wages. O'Neil v. Brooklyn Savings Bank, 293 N.Y. 666, 56 N.E.2d 259; Fleming v. Warshawsky & Co., 7 Cir., 123 F.2d 622, 626; we do not agree with Guess v. Montague, 4 Cir., 140 F.2d 500. And Congress and the courts have considered the claim for back wages and liquidated...

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