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MITCHELL v. SKY TOP COAL COMPANY

Civ. A. No. 26837.

181 F.Supp. 899 (1960)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Plaintiff, v. SKY TOP COAL COMPANY, Inc., Defendant.

United States District Court E. D. Pennsylvania.

March 4, 1960.

Attorney(s) appearing for the Case

Ernest N. Votaw, Regional Atty., Chambersburg, Pa., Louis Weiner, Havertown, Pa., for plaintiff.

Fred L. Pace, Noonan & Pace, Mahanoy City, Pa., for defendant.

GRIM, District Judge.

Plaintiff has moved to strike a portion of defendant's answer in this action under the Fair Labor Standards Act, as amended, 29 U.S.C.A. § 201 et seq., for minimum wages and overtime pay claimed to be payable to defendant's former employee Charles Dennis.

In the answer, in addition to asserting the defense that Dennis was exempt as a "bona fide executive and administrative employee",...

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