Legal Opinion

Cox v. Gatliff Coal Co.

District Court, E.D. Kentucky

Decided November 17, 1943No. 6:09-misc-00001PublishedCited by 8 opinions

1Opinion of the Court

FORD, District Judge.

This action is for the recovery of wages, overtime compensation and liquidated damages aggregating approximately $13,000 alleged to be due plaintiff under the Fair Labor Standards Act. The case was removed here from the state court.

The principal question presented by motion to remand is whether the right of removal under section 28 of the Judicial Code, 28 U.S.C.A. § 71, is precluded by the provision of section 16(b) of the Fair Labor Standards Act, 29 U.S.C.A. § 216(b), which authorizes an action of this (Character to be “maintained in any court of competent…

2Cases cited17 opinions

  1. Kline v. Burke Construction Co.Supreme Court of the United States · 1922
  2. United States v. Borden Co.Supreme Court of the United States · 1939
  3. Meredith v. Winter HavenSupreme Court of the United States · 1943
  4. Posadas v. National City BankSupreme Court of the United States · 1936
  5. Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895

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

3Cited by8 opinions

  1. Johnson v. Butler Bros.Court of Appeals for the Eighth Circuit · 1947
  2. Gatliff Coal Co. v. CoxCourt of Appeals for the Sixth Circuit · 1944
  3. John Hancock Mut. Life Insurance v. United Office & Professional Workers of AmericaDistrict Court, D. New Jersey · 1950
  4. Sonnesyn v. Federal Cartridge Co.District Court, D. Minnesota · 1944
  5. Swettman v. Remington Rand, Inc.District Court, S.D. Illinois · 1946

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

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