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HINKLER v. EIGHTY-THREE MAIDEN LANE CORPORATION

50 F.Supp. 263 (1943)

HINKLER v. EIGHTY-THREE MAIDEN LANE CORPORATION.

District Court, S. D. New York.

May 14, 1943.

Attorney(s) appearing for the Case

Ashe & Rifkin, of New York City (David I. Ashe, of New York City, of counsel), for plaintiff.

Milbank, Tweed & Hope, of New York City (John A. Kelly, of New York City, of counsel), for defendant.

LEIBELL, District Judge.

The facts in this case are not in dispute. The sole question is one of law and involves the application of the Fair Labor Standards Act of 1938, 29 U.S.C.A. Chap. 8, § 201 et seq., to the facts as stipulated. Plaintiff was employed by the defendant corporation for a period during which the Act was in effect and he was not paid the rate of overtime therein provided. Defendant denies that the plaintiff was covered by the provisions of the...

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