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KNUDSEN v. LEE & SIMMONS

68 F.Supp. 538 (1946)

KNUDSEN et al. v. LEE & SIMMONS, Inc., and two other cases.

District Court, S. D. New York.

August 7, 1946.

Attorney(s) appearing for the Case

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

Hagen & Eidenbach, of New York City (Charles W. Hagen and Henry C. Eidenbach, both of New York City, of counsel), for defendant.

KNOX, District Judge.

John Knudsen, an employee of Lee & Simmons, Inc., for the past eighteen years, has been Captain of the lighter Jupiter ever since the enactment of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. He here claims he is within the coverage of that statute. Defendant contends Knudsen is a seaman. If this be so, he is within one of the exemptions provided by Section 13(a) of the statute, which reads:

"The provisions...

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