Fredman v. Foley Bros., Inc.

OTIS, District Judge.

This case was removed from the state court. It was brought under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., by plaintiff, an employee of defendants, on his own behalf and on behalf of other employees whose agent he is, to' recover claimed unpaid compensation and for liquidated damages. The total amount sued for is $19,200. There is diversity of citizenship between plaintiff and defendants. A motion to remand has been argued and is now to be ruled.

There is a conflict between district courts as to whether a case of this character is removable. One group holds…