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CARROLL v. PITTSBURGH STEEL CO.

Civ. No. 8343.

103 F.Supp. 788 (1952)

CARROLL v. PITTSBURGH STEEL CO.

United States District Court W. D. Pennsylvania.

March 19, 1952.

Attorney(s) appearing for the Case

Harry Alan Sherman, Pittsburgh, Pa., for plaintiff.

John G. Wayman and Reed, Smith, Shaw & McClay, all of Pittsburgh, Pa., for defendant.

STEWART, District Judge.

Plaintiff brought this action to recover unpaid overtime compensation and penalties under Section 16(b) of the Fair Labor Standards Act of 1938, 29 U.S.C. § 216(b), based upon a period of employment from July 28, 1940 to September 30, 1945. On December 27, 1949 and prior to filing an answer to the complaint, the defendant filed a motion for summary judgment pursuant to Rule 56(b) of the Federal Rules of Civil Procedure, 28 U.S.C., alleging...

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