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MALLY v. BERLINGER

Civ. No. 15016.

152 F.Supp. 518 (1957)

Seymour MALLY, William Mossberg and Martin B. Lein, Plaintiffs, v. David BERLINGER and Louis Berlinger, Individually and as co-partners doing business under the firm name and style of D. Berlinger & Son, a copartnership, and David Berlinger, doing business as D. Berlinger, Defendants.

United States District Court E. D. New York.

June 24, 1957.

Attorney(s) appearing for the Case

Weisman, Celler, Allan, Spett & Sheinberg, by Irving Rozen, New York City, for plaintiffs.

Charles A. Hirsch, Brooklyn, N. Y., for defendants.

RAYFIEL, District Judge.

The complaint herein alleges two causes of action; the first, to recover unpaid overtime compensation, and an additional equal amount as unliquidated damages, pursuant to the provisions of Section 216(b) of Title 29, United States Code Annotated and the second to recover damages for breach of certain contracts of employment.

The defendants named in the original complaint, David Berlinger and Louis Berlinger co-partners doing, business...

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