SHERMAN v. COASTAL CITIES COACH CO.


4 N.J. Super. 283 (1949)

66 A.2d 892

MORTON M. SHERMAN, PLAINTIFF-APPELLANT, v. COASTAL CITIES COACH COMPANY, A BODY CORPORATE, ASBURY PARK-NEW YORK TRANSIT CORPORATION, A BODY CORPORATE, AND ROLLO TRANSIT CORPORATION, A BODY CORPORATE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 1949.


Attorney(s) appearing for the Case

Mr. Edmund J. Canzona (Messrs. Parsons, Labrecque, Canzona & Combs, attorneys) argued the cause for the plaintiff-appellant.

Mr. Edward Currie argued the cause for the defendants-respondents.

Before Judges JACOBS, EASTWOOD and BIGELOW.


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

Plaintiff filed a complaint for recovery of overtime wages under the Fair Labor Standards Act (29 U.S.C.A., §§ 201 et seq.); on the trial date and prior to the introduction of any testimony, the defendant moved for dismissal asserting (1) that the plaintiff had not sufficiently answered the defendants' demand for particulars, (2) that he was an executive, exempt from the act under ...

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