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GRANT v. BERGDORF & GOODMAN CO.

No. 108, Docket 21155.

172 F.2d 109 (1949)

GRANT v. BERGDORF & GOODMAN CO.

United States Court of Appeals Second Circuit.

January 28, 1949.

Attorney(s) appearing for the Case

Harry Rodwin, of New York City (Goldwater & Flynn, James L. Goldwater, and Joseph E. O'Grady, all of New York City, on the brief), for plaintiff-appellant.

Laurence Rosenthal, of New York City (Riegelman, Strasser, Schwarz & Spiegelberg, of New York City, on the brief), for defendant-appellee.

William S. Tyson, Sol., Bessie Margolin, Asst. Sol., and William A. Lowe, Joseph M. Stone, and Joseph D. Mladinov, Attys., U. S. Dept. of Labor, all of Washington, D. C., and John A. Hughes, Regional Atty., of New York City, for Administrator of Wage and Hour Div., U. S. Dept. of Labor, amicus curiae.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This is an action by a building maintenance engineer against his department store employer to recover unpaid overtime compensation allegedly due under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. As the case developed below, the defendant relied mainly on three defenses, all of which were ultimately upheld. The defense that the plaintiff was an exempt executive under § 13(a) (1) of the Act, 29 U.S.C.A. § 213...

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