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SIOMKIN v. FAIRCHILD CAMERA & INSTRUMENT CORP.

Civil Action No. 7546.

75 F.Supp. 329 (1948)

SIOMKIN et al. v. FAIRCHILD CAMERA & INSTRUMENT CORPORATION.

District Court, E. D. New York.

January 30, 1948.

Attorney(s) appearing for the Case

Cravath, Swaine & Moore, of New York City (Harold R. Medina, Jr., of New York City, of counsel), for defendant, for the motion.

Frank Scheiner, of New York City (Emanuel H. Bloch, of New York City, of counsel), for plaintiff opposed.

BYERS, District Judge.

This is a defendant's motion under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to dismiss the complaint for failure to state a claim upon which relief can be granted (in fewer words, it is a demurrer).

The action is to recover a minimum sum of $250,000.00 and attorneys' fees for alleged violation of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., in that the defendant...

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