Legal Opinion

Shultz v. Clay Transfer Co.

District Court, E.D. North Carolina

Decided September 1, 1970No. Civ. No. 1191PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

LARKINS, District Judge:

Now comes this cause before the Court upon Defendants’ Motion to Dismiss Wiley W. Clay as a party-defendant and Defendants’ further Motion for a “Bill of Particulars”, filed with this Court on July 1, 1970. Defendants ground their motions on the contentions that Plaintiff’s Complaint in its entirety and in particular Paragraphs II B, IV, V, VI, VII are not averred with sufficient definiteness to allow Defendants to prepare a response and that Mr. Wiley W. Clay is not an “employer” within the Fair Labor Standards Act’s coverage. Plaintiff has…

2Cases cited1 opinion

  1. Mitchell v. E-Z Way Towers, Inc.Court of Appeals for the Fifth Circuit · 1959

3Cited by7 opinions

  1. James D. Hodgson, Secretary of Labor, United States Department of Labor v. Virginia Baptist Hospital, Inc.Court of Appeals for the Fourth Circuit · 1973
  2. Marchak v. Observer Publications, Inc.District Court, D. Rhode Island · 1980
  3. Hayes v. McIntoshDistrict Court, N.D. Indiana · 1984
  4. Tilley v. Allstate InsuranceDistrict Court, S.D. West Virginia · 1999
  5. Static Control Components, Inc. v. Darkprint Imaging, Inc.District Court, M.D. North Carolina · 2001

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