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BALDWIN v. EMIGRANT INDUSTRIAL SAV. BANK

No. 356.

150 F.2d 524 (1945)

BALDWIN et al. v. EMIGRANT INDUSTRIAL SAV. BANK.

Circuit Court of Appeals, Second Circuit.

July 12, 1945.

Attorney(s) appearing for the Case

Moses M. Cohen, of New York City (James L. Goldwater and Leon Liner, both of New York City, on the brief), for appellants.

Harold H. Levin, of New York City (Proskauer, Rose, Goetz & Mendelsohn, of New York City, on the brief), for appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

Plaintiffs, maintenance employees in defendant's thirteen-story building in New York City, rented to some thirty-five tenants, brought this action for the recovery of overtime wages, liquidated damages, and counsel fees under § 16(b) of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 216(b). The District Court ruled that, since "with minor exceptions the building was used by tenants for offices and showrooms," with "no manufacturing...

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