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ISPASS v. PYRAMID MOTOR FREIGHT CORPORATION

59 F.Supp. 341 (1945)

ISPASS et al. v. PYRAMID MOTOR FREIGHT CORPORATION.

District Court, S. D. New York.

January 12, 1945.

Attorney(s) appearing for the Case

Leon E. Spielvogel and Ramey & McKelvey, all of New York City, for plaintiffs.

Charles E. Cotterill, of New York City, for defendant.

JAMES ALGER FEE, District Judge.

This is an action by certain employees against a common carrier by motor in interstate commerce to recover overtime claimed to be due under the provisions of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. The court held that there was a technical administrative question involved which must be determined by the Interstate Commerce Commission before a judgment could be rendered for plaintiffs.1

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