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HUTCHINGS v. LANDO

83 F.Supp. 615 (1949)

HUTCHINGS v. LANDO et al.

United States District Court S. D. New York.

March 1, 1949.

Attorney(s) appearing for the Case

Kurt Widder, of New York City, for plaintiff.

Bandler, Brady, Haas & Kass, of New York City (John J. Gallione, of New York City, of counsel), for defendants.

GODDARD, District Judge.

This is a motion to dismiss the amended complaint on the ground that the court lacks jurisdiction of the subject matter and that the amended complaint fails to set forth a claim upon which relief can be granted.

The action is for unpaid overtime under the Fair Labor Standards Act of 1938, as amended by the Portal-to-Portal Act, 29 U.S.C.A. §§ 201-219, 251-262.

Upon a motion to dismiss the original complaint for failure...

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