REMISIEWSKI v. PARODI CIGAR COMPANY


1 N.J. Super. 249 (1949)

64 A.2d 93

FELIX REMISIEWSKI, PLAINTIFF-APPELLANT, v. PARODI CIGAR COMPANY OF NEW YORK, INC., A CORPORATION OF THE STATE OF PENNSYLVANIA, LICENSED TO DO BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 16, 1949.


Attorney(s) appearing for the Case

Mr. Andrew O. Wittreich argued the cause for the plaintiff-appellant (Mr. Robert J. Rubacky, attorney).

Mr. Joseph Keane argued the cause for the defendant-respondent (Messrs. Milton, McNulty and Augelli, attorneys).

Before Judges JACOBS, EASTWOOD and BIGELOW.


The opinion of the court was delivered by JACOBS, S.J.A.D.

This is an appeal from a judgment in the Hudson County Court of Common Pleas entered upon a directed verdict for defendant in an action by plaintiff to recover overtime wages under the Fair Labor Standards Act.

In October, 1938, the plaintiff was employed by the defendant as a watchman, fireman and porter. His hours were from 5:33 p.m. until 7:30 a.m. and as watchman he was

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