Feinman v. Philip Fleischer, Inc.

This is a motion to strike out the first, second and third defenses in the answer for alléged insufficiency. The first defense is addressed only to the first cause of action. Although the facts therein alleged may be sufficient *1076to establish that plaintiff was not engaged in interstate commerce, they are sufficient to show, at least prima facie, that plaintiff was engaged in the production of goods for commerce and therefore within the protection of the Fair Labor Standards Act of 1938 (U. S. Code, tit. 29, § 201 et seq.). That statute [Act, § 3, subd. (j); U. S. Code, tit. 29, § 203, subd.…