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HOLLAND v. GENERAL MOTORS CORPORATION

Civil Actions Nos. 3276, 3299, 3319, 3320.

75 F.Supp. 274 (1947)

HOLLAND et al. v. GENERAL MOTORS CORPORATION. CASHEBA et al. v. SAME.

District Court, W. D. New York.

September 4 and December 15, 1947.

Attorney(s) appearing for the Case

David Diamond, of Buffalo, N. Y., for plaintiffs.

Kenefick, Cooke, Mitchell, Bass & Letchworth, of Buffalo, N. Y. (Daniel J. Kenefick, Lyman M. Bass, and Robert M. Hitchcock, all of Buffalo, N. Y., of counsel), for defendant.

Tom C. Clark, Atty. Gen., Peyton Ford, Asst. Atty. Gen., George L. Grobe, U. S. Atty., of Buffalo, N. Y., Enoch R. Ellison, Sp. Asst. to Atty. Gen., and Johanna M. D'Amico, Atty. Department of Justice, of Washington, D. C., for the United States.

KNIGHT, District Judge.

Each of the above-entitled actions is a so-called "Portal-to-Portal" suit. The defendant moves for a dismissal on the ground that the complaint does not allege the necessary jurisdictional facts.

The plaintiffs urge that a decision of the motion should be deferred pending a "factual" determination. This contemplates deferment to the conclusion of the trial of one or all of these suits in which there are hundreds of parties-plaintiff...

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