Carroll v. Pittsburgh Steel Co.

STEWART, District Judge.

Plaintiff brought this action to recover unpaid overtime compensation and penalties under Section 16(b) of the Fair Labor Standards Act of 1938, 29 U.S.C. § 216(b), based upon a period of employment from July 28, 1940 to September 30, 1945. Alleging' that the plaintiff’s claim is barred by the Statute of Limitations, the defendant filed a motion for summary judgment under Rule 56(b) of the Federal Rules of Civil Procedure, 28 U.S.C. The main contention of the defendant in support of its motion for summary judgment is that the complaint on its face shows that the claim…