ULLO v. SMITH

No. 276, Docket 21303.

177 F.2d 101 (1949)

ULLO et al. v. SMITH et al.

United States Court of Appeals Second Circuit.

Decided August 22, 1949.


Attorney(s) appearing for the Case

Benenson & Israelson, New York City, for appellants. Aaron Benenson, James L. Goldwater and Richard M. Goldwater, New York City, of counsel.

Smith & McInerney, New York City, for appellees. Kevin McInerney and Gerard C. Smith, New York City, of counsel.

William S. Tyson, Solicitor, Bessie Margolin, Assistant Solicitor, William A. Lowe, Harry A. Tuell, Attorneys, United States Department of Labor, Washington, D. C., John A. Hughes, Regional Attorney, New York City, for United States Department of Labor.

Before SWAN and CHASE, Circuit Judges, and SMITH, District Judge.


CHASE, Circuit Judge.

The plaintiffs who have appealed were elevator men, porters, a handyman and a nightwatchman engaged in doing what is generally called the maintenance work in adjoining buildings known as 392 Fifth Avenue and 394 Fifth Avenue in the City of New York, and worked in the years 1938 to 1942 inclusive. The first building had eleven stories and a basement and the second was four stories high. The first three stories of each building had no partitions...

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