Markert v. Swift & Co.

CLARK, Circuit Judge.

The underlying question presented by these appeals is whether or not the plaintiffs’ claims for overtime compensation and the other remedies afforded under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., can be rescued through the pleading of additional facts from the bar of the Portal-to-Portal Act of 1947, 29 U.S. C.A. § 252, retroactively applicable to all actions. Battaglia v. General Motors Corp., 2 Cir., 169 F.2d 254, certiorari denied 335 U.S. 887, 69 S.Ct. 236. Though the case has been shunted back and forth between the trial and appellate courts,…