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BORUCKI v. CONTINENTAL BAKING CO.

74 F.Supp. 815 (1947)

BORUCKI et al. v. CONTINENTAL BAKING CO.

District Court, S. D. New York.

November 7, 1947.

Attorney(s) appearing for the Case

Herman E. Cooper, of New York City (Herman E. Cooper and Irving Rozen, both of New York City, of counsel), for plaintiffs.

Mudge, Stern, Williams & Tucker, of New York City (Paul D. Miller and Milton Black, both of New York City, of counsel), for defendant.

COXE, District Judge.

This action was commenced on September 8, 1947, or nearly four months after May 14, 1947, the effective date of the Portal-to-Portal Act of 1947, 29 U.S.C.A. § 251 et seq. It is therefore plainly distinguishable from Deaton v. Titusville Bldg. Corporation, D.C., 72 F.Supp. 986. Under these circumstances, I think the complaint must allege that the activities for which compensation is sought were compensable...

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