Pettis Moving Co., Inc. v. Lillian Roberts, Industrial Commissioner of the State of New York

OAKES, Circuit Judge:

Pettis Moving Co. (“Pettis”) appeals from the order of the United States District Court for the Northern District of New York, Howard G. Munson, Chief Judge, denying its motion for summary judgment, granting the cross-motion by the defendant New York State Industrial Commissioner (“Commissioner”) for summary judgment and dismissing the complaint. Appellant sought a declaration that a Commissioner’s order directing Pettis to comply with New York’s minimum wage statute was in conflict with the Motor Carrier Act of 1935 (“the Act”), 49 U.S.C. §§ 301-327 (since repealed), and…