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MALOY v. FRIEDMAN

Civil Action No. 5953.

80 F.Supp. 290 (1948)

MALOY v. FRIEDMAN.

United States District Court N. D. Ohio, W. D.

September 17, 1948.

Attorney(s) appearing for the Case

Carpenter & Carpenter, of Tiffin, Ohio, and Young & Young, of Norwalk, Ohio, for plaintiff.

Frick & Peters, of Tiffin, Ohio, and Mattimoe & Mahoney, of Toledo, Ohio, for defendant.

KLOEB, District Judge.

This matter is before the Court upon motion to remand. The motion is based upon the ground that, under the Fair Labor Standards Act of 1938, § 16(b), 29 U.S. C.A. § 216(b), Judicial Code, 28 U.S.C.A., the State Court has jurisdiction and the action is not removable. In support, counsel for plaintiff cite Johnson v. Butler Bros., 8 Cir., 1947, 162 F.2d 87, which so holds.

Counsel on the other...

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