Legal Opinion

Walling v. Richmond Screw Anchor Co.

District Court, E.D. New York

Decided September 23, 1943No. Civil Action 3364PublishedCited by 8 opinions

1Opinion of the Court

MOSCOWITZ, District Judge.

L. Metcalfe Walling, Administrator of the Wage and Hour Division of the United States Department of Labor, the plaintiff, has made a motion herein to strike the defendant’s demand for a trial by jury, indorsed upon the defendant’s answer, upon the ground that there are no issues in this action triable of right by a jury under the Constitution or Statutes of the United States.

This action, which is one for an injunction, was brought under Section 17 of the Fair Labor Standards Act, 29 U.S.C.A. § 217, to restrain the defendant from violation of Section 15 of the Act, 29…

2Cases cited2 opinions

  1. Fleming v. Peavy-Wilson Lumber Co., Inc.District Court, W.D. Louisiana · 1941
  2. Taylor v. McKeeverDistrict Court, E.D. New York · 1940

3Cited by8 opinions

  1. Olearchick v. American Steel FoundriesDistrict Court, W.D. Pennsylvania · 1947
  2. Wirtz v. Robert E. Bob Adair, Inc.District Court, W.D. Arkansas · 1963
  3. Wirtz v. Alapaha Yellow Pine Products, Inc.District Court, M.D. Georgia · 1963
  4. Poston v. United StatesDistrict Court, D. Hawaii · 1966
  5. Wirtz v. NortonDistrict Court, N.D. Georgia · 1963

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