Legal Opinion
Maloy v. Friedman
District Court, N.D. Ohio
Decided September 17, 1948No. Civil Action 5953PublishedCited by 10 opinions
1Opinion of the Court
KLOEB, District Judge.
This matter is before the Court upon motion to remand. The motion is based upon the ground that, under the Fair Labor Standards Act of 1938, § 16(b), 29 U.S. C.A. § 216(b), Judicial Code, 28 U.S.C.A., the State Court has jurisdiction and the action is not removable. In support, counsel for plaintiff cite Johnson v. Butler Bros., 8 Cir., 1947, 162 F.2d 87, which so holds.
Counsel on the other side contend the question has been decided in this Court to the contrary in the case of Fellabaum v. Swift & Co., No. 4683, in 1941 in which the motion to remand was denied without…
2Cases cited17 opinions
- George Moore Ice Cream Co. v. RoseSupreme Court of the United States · 1933
- Smallwood v. GallardoSupreme Court of the United States · 1927
- Johnson v. Butler Bros.Court of Appeals for the Eighth Circuit · 1947
- National Fertilizer Co. v. Fall River Five Cents Savings BankMassachusetts Supreme Judicial Court · 1907
- Robertson v. Argus Hosiery Mills, Inc.Court of Appeals for the Sixth Circuit · 1941
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3Cited by10 opinions
- Lockard v. Equifax, Inc.Court of Appeals for the Eleventh Circuit · 1998
- Haun v. Retail Credit Co.District Court, W.D. Pennsylvania · 1976
- Wilkins v. Renault Southwest, Inc.District Court, N.D. Texas · 1964
- Asher v. William L. Crow Const. Co.District Court, S.D. New York · 1953
- Niswander v. Paul Hardeman, Inc.District Court, E.D. Arkansas · 1963
5 more not listed; retrieve them via the Exa API.