Legal Opinion
Hutchings v. Lando
District Court, S.D. New York
Decided March 1, 1949PublishedCited by 3 opinions
1Opinion of the Court
GODDARD, District Judge.
This is a motion to dismiss the amended complaint on the ground that the court lacks jurisdiction of the subject matter and that the amended complaint fails to set forth a claim upon which relief can be granted.
The action is for unpaid overtime under the Fair Labor Standards Act of 1938, as amended by the Portal-to-Portal Act, 29 U.S.C.A. §§ 201-219, 251-262.
Upon a motion to dismiss the original complaint for failure to allege the jurisdictional facts required by Section 2(a) (1,2) of the Portal-to-Portal Act, the court granted the motion with leave to the plaintiff to…
2Cases cited5 opinions
- Battaglia v. General Motors CorporationCourt of Appeals for the Second Circuit · 1948
- Story v. Todd Houston Shipbuilding CorporationDistrict Court, S.D. Texas · 1947
- Johnson v. Park City Consol. Mines Co.District Court, E.D. Missouri · 1947
- Smith v. Cudahy Packing Co.District Court, D. Minnesota · 1947
- Sadler v. W. S. Dickey Clay Mfg. Co.District Court, W.D. Missouri · 1948
3Cited by3 opinions
- Manosky v. Bethlehem-Hingham Shipyard, Inc.Court of Appeals for the First Circuit · 1949
- Coyle v. Philadelphia Macaroni Co.District Court, E.D. Pennsylvania · 1949
- Manosky v. Bethlehem-Hingham Shipyard, Inc.Court of Appeals for the First Circuit · 1949