DE ROSE v. EASTERN PLASTICS

Civ. A. No. 10556.

134 F.Supp. 805 (1955)

James DE ROSE, Plaintiff, v. EASTERN PLASTICS, Inc., a Corporation, Defendant.

United States District Court W. D. Pennsylvania.

August 3, 1955.


Attorney(s) appearing for the Case

Marvin D. Power, Margiotti & Casey, Pittsburgh, Pa., for plaintiff.

Maurice Louik, Harrison & Louik, Pittsburgh, Pa., for defendant.


JOHN L. MILLER, District Judge.

This is a motion for new trial in an action brought for the recovery of overtime compensation under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. Plaintiff recovered a verdict and judgment in the amount of $3,000, which was substantially less than the amount claimed by plaintiff in his testimony. The jury found, contrary to defendant's contention, that plaintiff was not employed in a bona fide executive capacity.

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