Compton v. Union Supply Co.

STEWART,. District Judge.

Plaintiffs brought this action under the Fair Labor" Standards Act of 1938, 29 U.S.C.A. § 201 et seq., "to recover overtime compensation and ' penalties allegedly "due-them from defendant. Subsequently, defendant filed a motion to dismiss the complaint on the grounds that:(1) The complaint fails to state facts sufficient to show jurisdiction of this court in the matter; and

• ,(2) The complaint fails" to state a claim upon which relief can be granted.

Under the Federal Rules of Civil Procedure, 28 U.S.C. while a complaint must set forth' a basis for jurisdiction, it…