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ISPASS v. PYRAMID MOTOR FREIGHT CORPORATION

Civ. 20-145.

78 F.Supp. 475 (1948)

ISPASS et al. v. PYRAMID MOTOR FREIGHT CORPORATION.

District Court, S. D. New York.

April 13, 1948.

Attorney(s) appearing for the Case

Leon Spielvogel, of New York City (Ramey & McKelvey and Deane Ramey, both of New York City, of counsel), for plaintiffs.

Kaye, Scholer, Fierman & Hays, of New York City (Milton Kunen and Jack L. Ratzkin, both of New York City, of counsel), for defendant.

CONGER, District Judge.

This is an action on remand from the Supreme Court of the United States.1

In the original trial of the suit upon an agreed statement of facts, the District Judge dismissed the complaint "without prejudice"2 after plaintiffs' refusal to seek determination by the Interstate Commerce Commission of their status under Section 13(b) (1) of the Fair Labor Standards Act, 29 U.S.C.A....

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