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WALLACE v. WATER TANK SERVICE COMPANY

Civ. No. 65-465.

256 F.Supp. 689 (1966)

Kenneth M. WALLACE, Plaintiff, v. WATER TANK SERVICE COMPANY, Inc., a Texas Corporation, Defendant.

United States District Court W. D. Oklahoma.

August 15, 1966.

Attorney(s) appearing for the Case

B. J. Cooper, Oklahoma City, Okl., for plaintiff.

William D. Curlee, Oklahoma City, Okl., for defendant.

ORDER

DAUGHERTY, District Judge.

The Defendant herein has filed a Motion to Dismiss with supporting brief for the reason that the Plaintiff has not complied with a requirement of Title 29 U.S.C. Section 216(b). In this regard Defendant contends the Plaintiff cannot bring this action unless a consent is filed in accordance with the following provision in Title 29 U.S.C. Section 216(b):

"* * * No employee shall be a party plaintiff to any such action...

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