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GIBBONS v. EQUITABLE LIFE INS. SOC. OF UNITED STATES

No. 163, Docket 21214.

173 F.2d 337 (1949)

GIBBONS v. EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES et al.

United States Court of Appeals Second Circuit.

March 10, 1949.

Attorney(s) appearing for the Case

Aaron Benenson, of New York City (James L. Goldwater, Richard M. Goldwater and Frederick E. Weinberg, all of New York City, of counsel), for plaintiffs-appellants.

Leo D. Fitzgerald, of New York City (Thomas J. Craig, Jr., of New York City, of counsel), for defendants-appellees.

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

AUGUSTUS N. HAND, Circuit Judge.

The question to be determined on this appeal is whether the eight employees of the defendants named above were specifically named as parties plaintiff to this action within the meaning of the Portal-to-Portal Act, 29 U.S.C.A. § 251 et seq., even though their names were not set forth in the title to the action.

In October, 1944, an action was brought to recover unpaid overtime...

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