Legal Opinion

Grant v. Bergdorf & Goodman Co.

Court of Appeals for the Second Circuit

Decided January 28, 1949No. 108, Docket 21155PublishedCited by 9 opinions

1Opinion of the Court

CLARK, Circuit Judge.

This is an action by a building maintenance engineer against his • department store employer to recover unpaid overtime compensation allegedly due under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. As the case developed below, the defendant relied mainly on three defenses, all of which were ultimately upheld. The defense that the plaintiff was an exempt executive under § 13(a)(1) of the Act, 29 U.S.C.A. § 213(a)(1), was found in defendant’s favor by a special verdict of a jury upon a trial to it. Thereafter the court determined as a matter of law that…

2Cases cited15 opinions

  1. A. B. Kirschbaum Co. v. WallingSupreme Court of the United States · 1942
  2. A. H. Phillips, Inc. v. WallingSupreme Court of the United States · 1945
  3. Mabee v. White Plains Publishing Co.Supreme Court of the United States · 1946
  4. Roland Electrical Co. v. WallingSupreme Court of the United States · 1946
  5. 10 East 40th Street Building, Inc. v. CallusSupreme Court of the United States · 1945

10 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Arnold v. Ben Kanowsky, Inc.Supreme Court of the United States · 1960
  2. Wickham v. LevineNew York Supreme Court · 1965
  3. James P. Mitchell, Secretary of Labor v. Pascal System, Inc.Court of Appeals for the Seventh Circuit · 1955
  4. McComb v. DessauDistrict Court, S.D. California · 1950
  5. Ullo v. SmithCourt of Appeals for the Second Circuit · 1949

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API