Legal Opinion
Sinclair v. United States Gypsum Co.
District Court, W.D. New York
Decided January 27, 1948No. Civil Action No. 3370PublishedCited by 5 opinions
1Opinion of the Court
KNIGHT, District Judge.
This suit is what has become to be known as a “Portal-to-Portal” suit, purporting to have been brought under the provisions of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The complaint was filed on January 20, 1947. Issue has not been joined.
The defendant moves for dismissal upon various grounds and for certain alternative relief, if the motion to dismiss is denied.
In so far as the right of the plaintiffs to maintain this action under the provisions of the Fair Labor Standards Act, as the pleading now stands, my decision in Holland v. General Motors…
2Cases cited8 opinions
- Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
- McLeod v. ThrelkeldSupreme Court of the United States · 1943
- Pentland v. Dravo CorporationCourt of Appeals for the Third Circuit · 1945
- Holland v. General Motors CorporationDistrict Court, W.D. New York · 1947
- Gerard v. MercerDistrict Court, D. Montana · 1945
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McComb v. C. A. Swanson & SonsDistrict Court, D. Nebraska · 1948
- Kemp v. Day & Zimmerman, Inc.Supreme Court of Iowa · 1948
- Glus v. Brooklyn Eastern District TerminalDistrict Court, S.D. New York · 1957
- Shaievitz v. LaksDistrict Court, S.D. New York · 1948
- Sinclair v. United States Gypsum Co.District Court, W.D. New York · 1948