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SCHMIDT v. EMIGRANT INDUSTRIAL SAV. BANK

No. 273.

148 F.2d 294 (1945)

SCHMIDT v. EMIGRANT INDUSTRIAL SAV. BANK.

Circuit Court of Appeals, Second Circuit.

March 26, 1945.

Attorney(s) appearing for the Case

Edwin A. Berkery, of New York City (John E. McAniff and Joseph A. Doran, both of New York City, of counsel), for appellant.

George Steier, of New York City (Charles R. Katz, of New York City, of counsel; Sidney S. Wolchok, of New York City, on the brief), for appellee.

Before SWAN, CHASE, and FRANK, Circuit Judges.

SWAN, Circuit Judge.

The plaintiff was employed by the defendant as "superintendent" of its 12 story building at 229 West 36th Street in New York City. A substantial part of this building was occupied by tenants engaged in the production of goods for interstate commerce, and it is conceded that the plaintiff was entitled to recover $751.68, with interest, as overtime wages and liquidated damages, unless he is exempted from...

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