UNITED STATES v. UNEXCELLED CHEMICAL CORP.

Civ. A. 87-50.

99 F.Supp. 155 (1951)

UNITED STATES v. UNEXCELLED CHEMICAL CORP. et al.

United States District Court D. New Jersey.

June 22, 1951.


Attorney(s) appearing for the Case

Alfred E. Modarelli, U. S. Atty., Newark, N. J., John J. Barry, Asst. U. S. Atty., Trenton, N. J., for plaintiff.

Lindabury, Steelman & Lafferty, Newark, N. J., Douglas H. Thayer, Talbot M. Malcolm, New York City, for defendant.


MEANEY, District Judge.

This is an action to recover liquidated statutory damages allegedly due the United States under the Walsh-Healey Act, 41 U. S.C.A. § 35 et seq. Defendant moves for summary judgment on the ground that the action is barred by the two-year period of limitation prescribed by the Portal-to-Portal Act, 29 U.S.C.A. § 255.

The pleadings disclose as undisputed facts that on April 17, 1947 the Secretary of Labor commenced an administrative...

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