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ANDERSON v. SOUTHERN PAC. CO.

62 F.Supp. 730 (1944)

ANDERSON v. SOUTHERN PAC. CO.

District Court, S. D. New York.

June 8, 1944.

Attorney(s) appearing for the Case

Abraham M. Fisch, of New York City, for plaintiffs.

Buland, Minor & Waterman, of New York City (Jeremiah C. Waterman, of New York City, of counsel), for defendant.

BRIGHT, District Judge.

Defendant moves for summary judgment, in this action to recover overtime, under Sections 6 and 7 of the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 206 and 207, upon the ground that it is exempted from the provisions of Section 7 by Section 213(b)(2) of Title 29, in that plaintiffs are employees "of an employer subject to the provisions of sections 1-27 of Title 49," which subject to regulation by the Interstate Commerce Commission...

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