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MARSHALL v. COACH HOUSE RESTAURANT, INC.

No. 77 Civ. 3297-CSH.

457 F.Supp. 946 (1978)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff, v. COACH HOUSE RESTAURANT, INC., a corporation, and Leon Lianides, Individually and as President, Defendants.

United States District Court, S. D. New York.

October 2, 1978.

Attorney(s) appearing for the Case

Francis V. LaRuffa, Regional Sol., U.S. Dept. of Labor, New York City, for plaintiff; Carin Ann Clauss, Washington, D.C., of counsel.

Aberman & Greene and Louis Charles Fink, New York City, for defendants.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

This motion for summary judgment, pursuant to Rule 56, Fed.R.Civ.P., raises an unsettled question of law under the Fair Labor Standards Act of 1938 ("FLSA"), as amended, 29 U.S.C. § 201 et seq. Before addressing the legal issue involved, a brief review of the facts, undisputed for the purpose of this motion, is appropriate.

I.

During the period of October 1976 through December...

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