Wolf v. Bell

Motion to dismiss the complaint on the ground that it does not state facts to constitute a cause of action and also on the ground that there is another action pending.

The complaint seeks a reformation of a contract of oral employment by having it comply with the Fair Labor Standards Act of 1938. (U. S. Code, tit. 29, § 201 et seq.) There is also relief asked in the form of an injunction staying the prosecution of the defendant’s action against the plaintiffs in the City Court of the City of New York. Back in 1926, the defendant was hired as elevator operator, superintendent and general…