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HODGSON v. BOARD OF EDUCATION, GARFIELD, N. J.

Nos. 72-1749 to 72-1758.

468 F.2d 1325 (1972)

James D. HODGSON, Secretary of Labor, United States Department of Labor v. BOARD OF EDUCATION, PARSIPPANY-TROY HILLS, et al., Appellants. James D. HODGSON, Secretary of Labor, United States Department of Labor v. BOARD OF EDUCATION, PASSAIC, NEW JERSEY, et al., Appellants. James D. HODGSON, Secretary of Labor, United States Department of Labor v. BOARD OF EDUCATION, POMPTON LAKES, NEW JERSEY, et al., Appellants. James D. HODGSON, Secretary of Labor, United States Department of Labor v. BOARD OF EDUCATION, BERGENFIELD, NEW JERSEY, et al., Appellants. James D. HODGSON, Secretary of Labor, United States Department of Labor v. BOARD OF EDUCATION, CITY OF BAYONNE, et al., Appellants. James D. HODGSON, Secretary of Labor, United States Department of Labor v. BOARD OF EDUCATION OF the BOROUGH OF FORT LEE, et al., Appellants. James D. HODGSON, Secretary of Labor, United States Department of Labor v. NEWTON BOARD OF EDUCATION et al., Appellants. James D. HODGSON, Secretary of Labor, United States Department of Labor v. BOARD OF EDUCATION, JERSEY CITY, NEW JERSEY, et al., Appellants. James D. HODGSON, Secretary of Labor, United States Department of Labor v. BOARD OF EDUCATION, GARFIELD, NEW JERSEY, et al., Appellants James D. HODGSON, Secretary of Labor, United States Department of Labor v. BOARD OF EDUCATION, LODI, NEW JERSEY, et al., Appellants.

United States Court of Appeals, Third Circuit.

Decided November 1, 1972.

Attorney(s) appearing for the Case

James A. Major, Major & Major, Hackensack, N. J., for appellants.

Carin Ann Clauss, Associate Sol., U. S. Dept. of Justice, Washington, D. C., for appellee.

Before GIBBONS and JAMES ROSEN, Circuit Judges, and LAYTON, District Judge.

Submitted on Appellee's Motion to Dismiss Appeals October 16, 1972.

MEMORANDUM AND ORDER

GIBBONS, Circuit Judge.

The appellants seek to appeal from an order denying their motions for summary judgment on the ground that under the eleventh amendment they are immune from suit. The suit is brought by the Secretary of Labor under the equal pay and overtime provisions of Section 17 of the Fair Labor Standards Act. Act of June 25, 1938, c. 676, 52 Stat...

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