Mitchell v. Sky Top Coal Co.
District Court, E.D. Pennsylvania
1Opinion of the Court
GRIM, District Judge.
Plaintiff has moved to strike a portion of defendant’s answer in this action under the Fair Labor Standards Act, as amended, 29 U.S.C.A. § 201 et seq., for minimum wages and overtime pay claimed to be payable to defendant’s former employee Charles Dennis.
*900In the answer, in addition to asserting the defense that Dennis was exempt as a “bona fide executive and administrative employee”, defendant pleads a release executed by Dennis. Plaintiff has moved to strike this second defense on the ground that it is “immaterial, impertinent, inappropriate, and legally insufficient to…
2Cases cited2 opinions
- D. A. Schulte, Inc. v. GangiSupreme Court of the United States · 1946
- Lancaster Trust Co. v. EngleSupreme Court of Pennsylvania · 1939
3Cited by4 opinions
- Bingham v. Airport Limousine ServiceDistrict Court, W.D. Arkansas · 1970
- McLaughlin v. McGee Bros. Co., Inc.District Court, W.D. North Carolina · 1988
- Hodgson v. PriorDistrict Court, S.D. Ohio · 1972
- Brown v. BouchardDistrict Court, D. Massachusetts · 1962