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PATTERSON v. ALLIED CHEMICAL & DYE CORPORATION

Civil Action No. 3082.

69 F.Supp. 804 (1947)

PATTERSON v. ALLIED CHEMICAL & DYE CORPORATION.

District Court, W. D. New York.

January 15, 1947.

Attorney(s) appearing for the Case

Raichle, Tucker & Moore, of Buffalo, N. Y. (James O. Moore, Jr., of Buffalo, N. Y., of counsel), for plaintiff.

Kenefick, Cooke, Mitchell, Bass & Letchworth, of Buffalo, N. Y. (Lyman M. Bass, of Buffalo, N. Y., of counsel), for defendant.

KNIGHT, District Judge.

Defendant moves to dismiss the complaint herein on the following grounds:

"The grounds for this motion are that it appears on the face of the complaint * * * that the jurisdiction of this Court depends upon Section 16(b) of the Fair Labor Standards Act of 1938 [29 U.S.C.A. § 216(b)] and Section 41(8) [of 28 U.S.C.A., Section 24(8)] of the Judicial Code (paragraph 6), and that the complaint does not state facts from which the Court...

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