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MacDonald v. Martinelli

United States District Court, S.D. New York
May 23, 1950
120 F. Supp. 383 (S.D.N.Y. 1950)

Opinion

May 23, 1950.

Weisman, Allen, Spett Sheinberg, New York City (Irving Rozen, New York City, of counsel, for plaintiff.

Bernard H. Fitzpatrick, New York City, for defendant.


This action is brought by seven named individual employees in their individual capacity and for their own individual benefit respectively. It is not brought for and in behalf of other employees similarly situated. Under these circumstances, the provisions of § 16(b) of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. § 216(b), relating to the filing of consents, are inapplicable.

Motions denied.

Settle order on notice.


Summaries of

MacDonald v. Martinelli

United States District Court, S.D. New York
May 23, 1950
120 F. Supp. 383 (S.D.N.Y. 1950)
Case details for

MacDonald v. Martinelli

Case Details

Full title:MacDONALD v. MARTINELLI

Court:United States District Court, S.D. New York

Date published: May 23, 1950

Citations

120 F. Supp. 383 (S.D.N.Y. 1950)

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As this is not a representative suit, there was no need for plaintiffs to have filed "consent[s] in writing."…