Legal Opinion
Caserta v. Home Lines Agency, Inc.
District Court, S.D. New York
Decided August 16, 1957PublishedCited by 2 opinions
1Opinion of the Court
LEVET, District Judge.
Defendant has moved under Fed.Rules Civ.Proc. rule 12(b) (2), 28 U.S.C.A., to dismiss the complaint herein upon the ground that the court lacks jurisdiction of the subject matter hereof.
The action is brought under the Fair Labor Standards. Act of 1938, as amended, Title 29 U.S.C.A. §§ 201-219. Plaintiff, a former employee of defendant, seeks (1) recovery of $3,635.51 in wages alleged to be due as overtime; (2) an equal amount as liquidated damages under Section 216(b); and (3) an additional amount for reasonable counsel fees under Section 216(b).
The facts as they appear…
2Cases cited14 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- County of Mobile v. KimballSupreme Court of the United States · 1881
- Gloucester Ferry Co. v. PennsylvaniaSupreme Court of the United States · 1885
- Hammer v. DagenhartSupreme Court of the United States · 1918
- Overstreet v. North Shore Corp.Supreme Court of the United States · 1943
9 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Precise Imports Corp. v. KellyDistrict Court, S.D. New York · 1963
- Minnesota Chippewa Tribe v. CarlucciDistrict Court, District of Columbia · 1973