McNichols v. Lennox Furnace Co.

BRENNAN, District Judge.

Plaintiffs bring this action as the agents and representatives of named employees of the defendant, and other unnamed employees similarly situated. The action is based upon the provisions of the Fair Labor Standards Act, and seeks the relief afforded by the provisions of Section 16 (b) thereof, 29 U.S.C.A. § 216 (b). Jurisdiction of this Court is based upon the section above referred to and upon the provisions of 28 U.S.C.A. § 41 (8).

Defendant moves to dismiss the action,, and the motion is based principally upon< the contention that Section 16 (b), above referred to,…