Legal Opinion
Delcour v. Lehigh Valley Coal Sales Co.
New York Supreme Court
Decided August 4, 1943PublishedCited by 3 opinions
1Opinion of the CourtVan Voobhis, J.
The action is brought under the Fair Labor Standards Act of 1938 (U. S. Code, tit. 29, § 201 et seq.) to recover additional wages at the rate of time and one half for overtime plus liquidated damages for the period between October 23, 1938, and October 26, 1939, during which it is alleged that the plaintiff was employed by the defendant in interstate commerce. The motion to dismiss is based upon the ground that it fails to appear from the face of the complaint that plaintiff was engaged in interstate commerce. It is unnecessary, to stop to consider whether the general allegation that the…
2Cases cited20 opinions
- A. B. Kirschbaum Co. v. WallingSupreme Court of the United States · 1942
- Walling v. Jacksonville Paper Co.Supreme Court of the United States · 1943
- McLeod v. ThrelkeldSupreme Court of the United States · 1943
- Chicago, Burlington & Quincy Railroad v. HarringtonSupreme Court of the United States · 1916
- Clark v. . DillonNew York Court of Appeals · 1884
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3Cited by3 opinions
- Walling v. Consumers Co.Court of Appeals for the Seventh Circuit · 1945
- Carroll v. Dryolin Corp.New York Supreme Court · 1943
- Walling v. Consumers Co.Court of Appeals for the Seventh Circuit · 1945