Fleming v. Cincinnati Union Terminal Co.

It appearing that the bill of complaint filed November 6, 1939, charges violations of Sections 15(a)(2) and 15(a)(5) of the Fair Labor Standards Act of 1938, Public #718, 75th Congress, 52 Stat. 1060, 29 U.S.C.A. § 215(a)(2, 5), and the answer filed November 27, 1939, constituted justiciable issues which appellant has a right to have determined by a trial in- equity, and that this right did not become extinguished by the inauguration by appellee on February, 1940, of a new plan for the payment of compensation to “red caps” as set forth in the supplemental answer filed February 19, 1940, and…