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MARKERT v. SWIFT & CO.

No. 149, Docket 21201.

173 F.2d 517 (1949)

MARKERT et al. v. SWIFT & CO., Inc., et al.

United States Court of Appeals Second Circuit.

March 7, 1949.

Attorney(s) appearing for the Case

David Friedman, of New York City (Bernard A. Finkel, of New York City, on the brief), for plaintiffs-appellants.

Thomas Kiernan, of New York City (White & Case and David Hartfield, Jr., all of New York City, on the brief), for defendants-appellees.

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

CLARK, Circuit Judge.

The underlying question presented by these appeals is whether or not the plaintiffs' claims for overtime compensation and the other remedies afforded under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., can be rescued through the pleading of additional facts from the bar of the Portal-to-Portal Act of 1947, 29 U.S. C.A. § 252, retroactively applicable to all actions. Battaglia v. General Motors Corp., 2 Cir.,

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