MOONEY v. PRESTON TRUCKING CO.

Civ. A. No. 205-61.

215 F.Supp. 568 (1963)

Cornelius MOONEY, Plaintiff, v. PRESTON TRUCKING CO., Inc., Defendant.

United States District Court D. New Jersey.

March 22, 1963.


Attorney(s) appearing for the Case

Thomas E. Durkin, Jr., by Gregory J. Castano, Newark, N. J., for plaintiff.

Waldor & Beckerman, Newark, N. J., by Jacob Blum, Baltimore, Md., for defendant.


SHAW, District Judge.

This action is brought by plaintiff against defendant pursuant to the provisions of 29 U.S.C.A. § 216(b) to recover overtime compensation as provided by 29 U.S.C.A. § 207 (a), together with an additional equal amount as liquidated damages, plus counsel fee and costs.

Defendant denies that the statutory provisions above cited are applicable, contending that plaintiff was an employee within the exempt statutory classification...

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