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BATTAGLIA v. GENERAL MOTORS CORPORATION

Nos. 290-293, Docket 21026-21029.

169 F.2d 254 (1948)

BATTAGLIA et al. v. GENERAL MOTORS CORPORATION. HOLLAND et al. v. GENERAL MOTORS CORPORATION. HILGER et al. v. GENERAL MOTORS CORPORATION. CASHEBA v. GENERAL MOTORS CORPORATION.

Circuit Court of Appeals. Second Circuit.

July 8, 1948.

Attorney(s) appearing for the Case

David Diamond, of Buffalo, N. Y. (Manly Fleischmann, of Buffalo, N. Y., of counsel), for plaintiffs-appellants.

Henry M. Hogan, of New York City (Nicholas J. Rosiello, of Detroit, Mich., of counsel), for appellee.

Tom C. Clark, Atty. Gen., H. G. Morison, Asst. Atty. Gen., George L. Grobe, U. S. Atty., of Buffalo, N. Y., John F. X. McGohey, U. S. Atty., of New York City, Enoch E. Ellison, Sp. Asst. to the Atty. Gen., and Johanna M. D'Amico, Atty. Department of Justice, of Washington, D. C., for United States as Intervenor.

Before SWAN, AUGUSTUS N. HAND and CHASE, Circuit Judges.

CHASE, Circuit Judge:

Four separate suits were brought against the appellee in the District Court for the Western District of New York by and in behalf of its employees to recover overtime pay in accordance with the provisions of the Fair Labor Standards Act of 1938,1 as interpreted by the Supreme Court in Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 66 S.Ct. 1187, 90 L.Ed. 1515. While these suits...

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