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OBERDORFER v. RAPPOLI CO.

207 Misc. 807 (1954)

Abraham Oberdorfer, Plaintiff, v. Edmund J. Rappoli Co., Inc., Defendant.

Supreme Court, Special Term, Onondaga County.

December 31, 1954.

Attorney(s) appearing for the Case

Henry S. Fraser for defendant.

Philip Hillsberg for plaintiff.

SULLIVAN, J.

The defendant moves, pursuant to rule 113 of the Rules of Civil Practice, for an order to dismiss the complaint in this action and to direct that judgment be entered in its favor on the ground that the plaintiff's action has no merit.

The action is for payment of alleged overtime compensation claimed to be due under the Fair Labor Standards Act of 1938 (U. S. Code, tit. 29, § 201

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