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MICELI v. KLEINBERGER

Civil No. 9251.

97 F.Supp. 518 (1951)

MICELI v. KLEINBERGER.

United States District Court E. D. New York.

May 15, 1951.

Attorney(s) appearing for the Case

Louis A. Tuckman, New York City (Harry M. Krokow, New York City, of counsel), for plaintiff.

Samuel D. Smoleff, New York City, for defendant.

BYERS, District Judge.

Here the plaintiff seeks to recover a judgment against the Executrix of his deceased employer for overtime piece-work wages which he says were withheld from him in violation of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq.

The circumstances are unlike any seemingly present in the reported cases involving piece-work overtime.

The enterprise was conducted by Kleinberger, deceased, who employed about fourteen...

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