Philpott v. Standard Oil Co.

KLOEB, District Judge.

The plaintiff, Henry Philpott, filed his petition under the provisions of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. In it he seeks a recovery of overtime pay on behalf of himself and others similarly situated, as is permitted under the provisions of Section 16(b), 29 U.S.C.A. § 216(b); and he asks, in addition, for liquidated damages, attorney fees and costs.

First the defendant filed a motion seeking, among other things, to strike that clause from the plaintiff’s complaint in which he states that he sues “in behalf of himself and other employees similarly…