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BAILEY v. KAROLYNA CO.

50 F.Supp. 142 (1943)

BAILEY v. KAROLYNA CO., Limited, et al.

District Court, S. D. New York.

April 10, 1943.

Attorney(s) appearing for the Case

Sperling & Sobel, of New York City (Edward P. Sobel, of New York City, of counsel), for plaintiff.

Stanley Gray Horan, of New York City, for defendants.

HULBERT, District Judge.

Plaintiff moves, under Rule 12(b) Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to strike out the several affirmative defenses and counterclaim pleaded in defendants' answer.

This is, in reality, a motion to dismiss, and will be so considered.

The action was brought under the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 201-219, on the plaintiff's own behalf and on behalf of all other similarly...

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