Sadler v. W. S. Dickey Clay Mfg. Co.

RIDGE, District Judge.

The complaint in this so-called “Portal-to-Portal” action does not allege that the liability claimed of defendant for failure to pay overtime compensation was the result of the breach of “an express provision of a written or nonwritten contract in effect, at the time” of the events set forth in the complaint; or the deviation from “a custom or practice in effect, at the time of such activity, at the establishment or other place where” the employees here involved were employed by defendant. Because of such deficiency, defendant has moved to dismiss this action for want of…