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FLEMING v. ARSENAL BLDG. CORPORATION

38 F.Supp. 207 (1941)

FLEMING, Administrator of Wage and Hour Division, United States Department of Labor, v. ARSENAL BLDG. CORPORATION et al.

District Court, S. D. New York.

April 11, 1941.

Attorney(s) appearing for the Case

Gerard D. Reilly, Sol., and Irving J. Levy, Asst. Sol., Department of Labor, both of Washington, D. C. (Arthur E. Reyman, Acting Regional Atty., of Washington, D. C., and Irving Rozen, Senior Atty., and Helen E. Cottrell, both of New York City, of counsel), for plaintiff.

McLanahan, Merritt & Ingraham, of New York City (Walter Gordon Merritt, Henry Clifton, Jr., Martin J. Coughlin, and Kenneth C. Newman, all of New York City, of counsel), for defendants.

WOOLSEY, District Judge.

My decision in this cause is that the complaint should be dismissed, but, as the plaintiff is an agency of the United States, costs should not be allowed to the defendants.

I. My subject matter jurisdiction in this cause arises out of the fact that it is a suit in a civil nature brought by an officer of the United States authorized by law to sue, 28 U.S.C.A. § 41(1), and also because it is brought under the specific provisions...

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