Ispass v. Pyramid Motor Freight Corp.

CONGER, District Judge.

This is an action on remand from the Supreme Court of the United States.1

In the original trial of the suit upon an agreed statement of facts, the District Judge dismissed the complaint “without prejudice” 2 after plaintiffs’ refusal to seek determination by the Interstate Commerce Commission of their status under Section 13(b) (1) of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., and the Motor Carrier Act, 49 U.S.C.A. § 1 et seq., the Judge having declined to decide such question. 54 F.Supp. 565. The Circuit Court of Appeals for this Circuit affirmed the…