Deley v. Atlantic Box & Lumber Corp.

HARTSHORNE, District Judge.

The four plaintiffs, Pierre Deley, Joseph Stubin, Anthony Gentile, and Fritz Christmann, sue defendant, their employer, each in separate counts, to recover alleged unpaid overtime compensation, plus liquidated damages, under the Fair Labor Standards Act of 1938, § 16 (b), 29 U.S.C.A. § 216(b). Defendant answered this complaint in January 1953, but not till a year later, in January 1954, when the case was pre-tried, did it raise the defense that plaintiffs’ failure to file timely their “consent in writing” to becoming a party to the suit under the above section, and…