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COX v. PENN STATE CONTAINER CORP.

Civ. A. No. 79-3227.

504 F.Supp. 99 (1980)

Thomas J. COX, v. PENN STATE CONTAINER CORP., a Pennsylvania Corporation.

United States District Court, E. D. Pennsylvania.

July 25, 1980.

Attorney(s) appearing for the Case

C. V. Russell, Lancaster, Pa., for plaintiff.

J. H. Geisberger, Jr., Lancaster, Pa., for defendant.

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

Whether plaintiff acted as an executive employee while employed by defendant (and therefore exempt from the overtime provisions of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 213(a)(1)) lies at the heart of defendant's present motion for summary judgment. See generally Marshall v. Western Union Telegraph Co., 621 F.2d 1246 (3d Cir. 1980). Although...

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