Legal Opinion
Baldwin v. Emigrant Industrial Sav. Bank
Court of Appeals for the Second Circuit
Decided July 12, 1945No. 356PublishedCited by 24 opinions
1Opinion of the Court
CLARK, Circuit Judge.
Plaintiffs, maintenance employees in defendant’s thirteen-story building in New York City, rented to some thirty-five tenants, brought this action for the recovery of overtime wages, liquidated damages, and counsel fees under § 16(b) of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 216(b). The District Court ruled that, since “with minor exceptions the building was used by tenants for offices and showrooms,” with “no manufacturing or processing” carried on at the building, plaintiffs were not within the coverage of the Act. Accordingly it dismissed the action, and…
2Cases cited5 opinions
- A. B. Kirschbaum Co. v. WallingSupreme Court of the United States · 1942
- McLeod v. ThrelkeldSupreme Court of the United States · 1943
- Western Union Telegraph Co. v. LenrootSupreme Court of the United States · 1945
- 10 East 40th Street Building, Inc. v. CallusSupreme Court of the United States · 1945
- Callus v. 10 East Fortieth Street Building, Inc.Court of Appeals for the Second Circuit · 1944
3Cited by24 opinions
- Bozant v. Bank of New YorkCourt of Appeals for the Second Circuit · 1946
- Darr v. Mutual Life Ins. Co.Court of Appeals for the Second Circuit · 1948
- Roberg v. Henry Phipps EstateCourt of Appeals for the Second Circuit · 1946
- Wirtz v. Columbian Mutual Life Insurance CompanyDistrict Court, W.D. Tennessee · 1965
- Union Nat. Bank of Little Rock, Ark. v. Durkin, Secretary of LaborCourt of Appeals for the Eighth Circuit · 1953
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