PETERSON v. PARSONS

Civil Actions Nos. 2297, 2348.

73 F.Supp. 840 (1947)

PETERSON v. PARSONS. McDONALD et al. v. FEDERAL CARTRIDGE CORPORATION.

District Court, D. Minnesota, Fourth Division.

September 15, 1947.


Attorney(s) appearing for the Case

Samuel I. Sigal and George W. Colburn, both of Minneapolis, Minn., for plaintiff Peterson.

Douglas Hall, Wyman Smith, and Kenneth J. Enkel, all of Minneapolis, Minn., for plaintiffs McDonald et al.

Richardson D. Barrett, of Minneapolis, Minn., for defendant Parsons.

Henry F. Simons, of Minneapolis, Minn., for defendant Federal Cartridge Co.

William S. Tyson, Sol., and Jeter S. Ray, Associate Sol., U. S. Department of Labor, both of Washington, D. C., and James M. Miller, Regional Atty., and Richard R. Converse, Atty., United States Department of Labor, both of Minneapolis, Minn., amici curiae in behalf of Administrator of the Wage and Hour Division, United States Department of Labor.

William D. Gunn, of Minneapolis, Minn., amicus curiae in behalf of Minnesota State Federation of Labor.

Cleon Headley and Harvey Hoshour, both of St. Paul, Minn. (Morgan, Chase, Headley & Hoshour, of St. Paul, Minn., of counsel), M. J. Doherty and Doherty, Rumble, Butler & Mitchell, all of St. Paul, Minn., A. Lyman Beardsley, of Minneapolis, Minn. (Kingman, Cross, Morley, Cant & Taylor, of Minneapolis, Minn., of counsel), Leavitt R. Barker, J. T. McCullen, Henry Halladay, Dorsey, Colman, Barker, Scott & Barber, J. B. Faegre, Loring M. Staples, George D. McClintock, and John S. Pillsbury, Jr., all of Minneapolis, Minn. (Faegre & Benson, of Minneapolis, Minn., of counsel), amici curiae.


NORDBYE, District Judge.

Motions in the above-entitled cases pursuant to Rule 12 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to strike certain allegations from the complaint and answer were for convenience considered together in that the same law questions are involved.

These actions are brought by plaintiffs to recover overtime pursuant to Section 16(b) of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. Motions...

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