Korell v. Bymart, Inc.

BYERS, District Judge.

This is a plaintiff’s motion to remand a wage and hour case removed to this Court, from the Supreme Court of New York, Queens County, by the defendant.

The basis of the motion is that removal is incompatible with the provision of the Act concerning an action to remove thereunder which “may be maintained in any court of competent jurisdiction by any one or more employees * * 29 U.S.C.A. § 216(b), (Emphasis added.)

This contention has been examined so many times, and has led to such irreconcilable conclusions even within one district, that the citation of cases pro and con…