Dutton v. Cities Service Defense Corp.

SANBORN, Circuit Judge.

The question for decisión is whether, by granting a motion of the defendant (appel-lee) for a dismissal of the complaint upon the ground that it failed to state claims of which the court had jurisdiction or for which relief could be granted, the District Court successfully terminated this action (a consolidation of a number of actions) brought to recover allegedly unpaid wages claimed to be due numerous plaintiffs and interveners (appellants), from the defendant under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. §§ 201-219, and the Portal-to-Portal Act…