Legal Opinion

Mitchell v. Sky Top Coal Co.

District Court, E.D. Pennsylvania

Decided March 4, 1960No. Civ. A. No. 26837PublishedCited by 4 opinions

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

  1. D. A. Schulte, Inc. v. GangiSupreme Court of the United States · 1946
  2. Lancaster Trust Co. v. EngleSupreme Court of Pennsylvania · 1939

3Cited by4 opinions

  1. Bingham v. Airport Limousine ServiceDistrict Court, W.D. Arkansas · 1970
  2. McLaughlin v. McGee Bros. Co., Inc.District Court, W.D. North Carolina · 1988
  3. Hodgson v. PriorDistrict Court, S.D. Ohio · 1972
  4. Brown v. BouchardDistrict Court, D. Massachusetts · 1962

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