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SINCLAIR v. UNITED STATES GYPSUM CO.

Civil Action No. 3370.

75 F.Supp. 439 (1948)

SINCLAIR et al. v. UNITED STATES GYPSUM CO.

District Court, W. D. New York.

January 27, 1948.

Attorney(s) appearing for the Case

William L. Clay, of Rochester, N. Y., for plaintiffs.

Scott, MacLeish & Falk, of Chicago, Ill., and Nixon, Hargrave, Middleton & Devans, of Rochester, N. Y. (Harold D. Burgess and Arlindo S. Cate, both of Chicago, Ill., and Casper V. Baltensperger, of Rochester, N. Y., of counsel), for defendant.

KNIGHT, District Judge.

This suit is what has become to be known as a "Portal-to-Portal" suit, purporting to have been brought under the provisions of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The complaint was filed on January 20, 1947. Issue has not been joined.

The defendant moves for dismissal upon various grounds and for certain alternative relief, if the motion to dismiss is denied...

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