Legal Opinion

Eisenmann v. Gould-National Batteries, Inc.

District Court, E.D. Pennsylvania

Decided November 12, 1958No. Civ. A. 21219PublishedCited by 15 opinions

1Opinion of the Court

KIRKPATRICK, District Judge.

Sur Motion to Amend

This is a motion to amend the second cause of action pleaded in a complaint filed against their employer by a number of employees in a plant manufacturing lead acid storage batteries. The first cause of action is for overtime under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. and is not material to this discussion.

The proffered amendment consists of (1) A claim for wages unpaid and expenses incurred as a result of the defendant’s alleged failure to comply with its duty under the New Jersey occupational disease statute, N.J.S.A. 34:6-50…

2Cases cited5 opinions

  1. Hurn v. OurslerSupreme Court of the United States · 1933
  2. Pentland v. Dravo CorporationCourt of Appeals for the Third Circuit · 1945
  3. Stephens v. ReedCourt of Appeals for the Third Circuit · 1941
  4. County of Marin v. United StatesDistrict Court, N.D. California · 1957
  5. Pericin v. Denburg's Modern BakerySupreme Court of New Jersey · 1943

3Cited by15 opinions

  1. John H. Freeman, Jr., D/B/A Freeman Electric Gin Company v. Continental Gin CompanyCourt of Appeals for the Fifth Circuit · 1967
  2. John S. Kirby, D/B/A Quik-Chek of Indiana and Quik-Chek, Inc. v. P. R. Mallory & Co., Inc.Court of Appeals for the Seventh Circuit · 1973
  3. Jennette CARTER, Plaintiff-Appellant, v. SUPERMARKETS GENERAL CORPORATION, Defendant-AppelleeCourt of Appeals for the First Circuit · 1982
  4. Philadelphia Housing Authority v. American Radiator & Standard Sanitary Corp.District Court, E.D. Pennsylvania · 1969
  5. United States v. StateDistrict Court of Appeal of Florida · 1965

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