Hays v. Hercules Powder Co.

REEVES, District Judge.

Several motions have been filed in the above cause, including a motion to dismiss. It is obvious from a reading of the complaint that the action is based upon the decision in Anderson et al. v. Mt. Clemens Pottery Co., 328 U.S. 680, 66 S.Ct. 1187, 90 L.Ed. 1515, which is known as the Portal to Portal case.

Subsequently to that decision the Congress enacted a law, 29 U.S.C.A. § 251 et seq., which had the effect to nullify said opinion, or at least to authorize recovery in the federal courts only in those cases where by contract or custom the claimants were entitled to the…