Legal Opinion
Miller v. Howe Sound Min. Co.
District Court, E.D. Washington
Decided May 11, 1948No. Civil Action 628PublishedCited by 4 opinions
1Opinion of the Court
DRIVER, District Judge.
Plaintiffs brought this action against their common employer to recover overtime pay under the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C.A. §§ 201-219. The complaint was filed on Jan uary 20, 1947. The defendant has moved to dismiss the complaint upon a number of grounds, but only one is now under consideration, namely, that the action is barred by paragraphs (a) and (d) of Section 2, Part II, of the Portal-to-Portal Act, Public Law 49, 80th Congress, approved May 14, 1947, 29 U.S.C.A. § 252(a, d). In pertinent part, they read as follows: “(a) No…
2Cases cited59 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- Nebbia v. New YorkSupreme Court of the United States · 1934
- Brooklyn Savings Bank v. O'NeilSupreme Court of the United States · 1945
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3Cited by4 opinions
- North Texas Producers Association v. Keith YoungCourt of Appeals for the Fifth Circuit · 1962
- Frach v. SchoettlerWashington Supreme Court · 1955
- United States v. One 1962 Ford ThunderbirdDistrict Court, N.D. Illinois · 1964
- United States v. StarlingDistrict Court, D. Alaska · 1959