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GILLETTE v. ROCKLAND COACHES

No. 286.

142 F.2d 616 (1944)

GILLETTE v. ROCKLAND COACHES, Inc.

Circuit Court of Appeals, Second Circuit.

May 8, 1944.

Attorney(s) appearing for the Case

Ernest Mahler, of New York City (Charles R. Katz, of New York City, of counsel), for plaintiff-appellant.

Lexow & Jenkins, of Suffern, N. Y. (David H. Moses and Morton Lexow, both of Suffern, N. Y., of counsel), for defendant-appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal by the plaintiff, an employee of Rockland Coaches, Inc., from a judgment dismissing his complaint and granting summary judgment for the defendant under the Fifth Defense of the answer. The action was to recover overtime under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The complaint alleged that the plaintiff was employed by the defendant at the latter's garage plant at Spring Valley, New...

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