Britt v. Cole Drug Co.

McLELLAN, District Judge.

In this action to recover from the defendant unpaid overtime compensation and an . additional equal amount of damages, pursuant to Section 16(b) of the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 201-219, the defendant in a single motion seeks a dismissal of the complaint and in the alternative a bill of particulars. The action may not be dismissed for failure to state a claim upon which relief can be granted. The defendant urges also that the action should be dismissed for want of jurisdiction because of the lack of diversity of citizenship or because the amount…