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MUNKENS v. 1412 BROADWAY

50 F.Supp. 632 (1943)

MUNKENS et al. v. 1412 BROADWAY, Inc., et al.

District Court, S. D. New York.

June 4, 1943.

Attorney(s) appearing for the Case

Minna F. Kassner and Goldwater & Flynn, all of New York City, for plaintiffs.

Kaye, Scholer, Fierman & Hays, of New York City, for defendants.

CLANCY, District Judge.

Whether or not the first defense to the extent that it pleads estoppel by silence is provable in fact, we think it is sufficiently pleaded and deny the motion to strike it out. In Overnight Motor Co. v. Missel, 316 U.S. 572, 62 S.Ct. 1216, 86 L.Ed. 1682, the employer attacked the Circuit Court's conclusion that the liquidated damage provision was mandatory as a denial of due process because thereby it was deprived...

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