Kells v. Boutross

The action is by an employee to recover wages. The plaintiff moves to strike out the first and second defenses set up in the answer as insufficient in law. For the purposes of this motion the truth of the facts alleged in those defenses must be assumed. The defenses allege that the sum sued for represents an increase in wages promised by the employer, without the approval of the National War Labor Board. It is further alleged that the agreement for the increase was in violation of Executive Order No. 9250 (7 Fed. Reg. 7871), as amended by Executive Order No. 9381 (8 Fed. Reg. 13083),…