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MENNICUCCI v. F. & P. BRAKELYNE SERVICE

Civil Action No. 3250.

58 F.Supp. 720 (1945)

MENNICUCCI v. F. & P. BRAKELYNE SERVICE, Inc.

District Court, D. New Jersey.

January 17, 1945.

Attorney(s) appearing for the Case

Maurice Schapira, of Newark, N. J., for plaintiff.

Frederic M. P. Pearse, of Newark, N. J., for defendant.

MEANEY, District Judge.

This matter is before the court on defendant's motion to dismiss the complaint on the ground that the court lacks jurisdiction because the business of the defendant as alleged in the complaint does not constitute interstate commerce.

Plaintiff brings his action to recover unpaid overtime compensation pursuant to section 16(b) and sections 6 and 7 of the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 206, 207 and 216(b)....

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