Garrity v. Bagold Corp.

This is a motion to strike out various defenses and a counterclaim contained in the defendants’ answer. The plaintiffs’ cause of action is predicated on the Fair Labor Standards Act of 1938 (U. S. Code, tit. 29, § 201 et seq.), which provides for the recovery of wages for overtime work et cetera.

The first defense pleads an estoppel. It alleges: (a) That the plaintiffs were paid in accordance with their contract, namely, the collective bargaining agreements; (b) that the plaintiffs never claimed their statutory wages for overtime work; (c) that the defendants, relying upon the aforesaid…