Livingston v. Todd Shipyards Corp.

Motion to dismiss the second and third causes of action of each of the plaintiffs for insufficiency is granted.

The second causes of action seek to establish a right of recovery under the Federal Fair Labor Standards Act of 1938 (U. S. Code, tit. 29, § 201 et seq.). Precisely the same attempt was made by other employees of the defendant in the case of Timony v. Todd Shipyards Corporation (59 F. Supp. 779) where the complaint was dismissed on motion on the ground that the allegations charging violation of the Fair Labor Standards Act were “ ‘ plainly wanting in substance ’ ”, The order was…