RIFKIND, District Judge.
Whether the defendant's motion be treated as one under Rule 12(b) and 12(h) Federal Rules of Civil Procedure, 28 U.S. C.A. — to dismiss the action for lack of jurisdiction over the subject matter — or as one for summary judgment under Rule 56 (see, Rule 12(c) as amended), it is clear that it now appears that the court is without jurisdiction by reason of Section 2(d) of the Portal-to-Portal Act of 1947, 29 U.S.C.A. § 252...
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