Legal Opinion
Wernhardt v. Koenig
District Court, E.D. Pennsylvania
Decided May 10, 1945No. Civil Action No. 4073PublishedCited by 7 opinions
1Opinion of the Court
KIRKPATRICK, District Judge.
This action was brought under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., for overtime pay. The defendant has moved to dismiss the complaint on the ground that it fails to state a cause of action upon which relief can be granted.
It appears from the complaint that the plaintiffs are employees of the defendants and are engaged in interstate commerce. It further appears from a letter from the National War Labor Board, dated March 4, 1944, which by agreement of the parties was considered by the 'Court as though incorporated into the pleadings, that…
2Cases cited1 opinion
- Fitzsimons v. Eagle Brewing Co.Court of Appeals for the Third Circuit · 1939
3Cited by7 opinions
- Flight Equipment & Engineering Corp. v. SheltonSupreme Court of Florida · 1958
- Thacker v. American FoundryCalifornia Court of Appeal · 1947
- Morford v. Bellanca Aircraft Corp.Superior Court of Delaware · 1949
- Guter v. Donaldson Iron Co., Pennsylvania Court of Common Pleas, Lehigh County1948
- Marvin v. HodgsonCalifornia Supreme Court · 1949
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