Doyle v. Johnson Bros.
City of New York Municipal Court
1Opinion of the CourtLivingston, J.
In an action brought under the Fair Labor Standards Act (U. S. Code, tit. 29, § 201 et seq.) the defendant has moved to dismiss the complaint under subdivision 5 of rule 106 of the Rules of Civil Practice or in the altérnative to strike out certain portions of the complaint pursuant to rule 103.
The complaint alleges that the defendant was engaged in the business of buying, manufacturing and selling lumber and lumber products; that substantially all of its lumber was shipped to defendant’s lumber yard from points outside of the State of New York; that part of the lumber and lumber products…
2Cases cited6 opinions
- Wood v. Central Sand & Gravel Co.District Court, W.D. Tennessee · 1940
- Wainwright & Page, Inc. v. Burr & McAuley, Inc.New York Court of Appeals · 1936
- Rogers v. GlazerDistrict Court, W.D. Missouri · 1940
- Killingbeck v. Garment Center Capitol, Inc.Appellate Division of the Supreme Court of the State of New York · 1940
- Kolb v. MortimerAppellate Division of the Supreme Court of the State of New York · 1909
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3Cited by5 opinions
- Slover v. WathenCourt of Appeals for the Fourth Circuit · 1944
- Southern Package Corp. v. WaltonMississippi Supreme Court · 1943
- Milam v. Texas Spring & Wheel Co.Court of Appeals of Texas · 1941
- Rahgo v. Cities Service Oil Co.City of New York Municipal Court · 1942
- Commercial Casualty Ins. v. LloydSupreme Court of Alabama · 1942