Opinion
No. 55.
October 31, 1945.
On appeal from a summary judgment of the District Court for the Southern District of New York, dismissing a complaint brought by an employee of the defendant on behalf of himself and others similarly situated, to recover damages for violation of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., and of the Labor Law of the State of New York, Consol. Laws, c. 31, § 1 et seq., and upon a breach of contract by the employer.
Herbert Goldmark, of New York City, N.Y., for appellant.
Jules Haberman, of Brooklyn, N.Y., for appellee.
Before L. HAND, SWAN, and CLARK, Circuit Judges.
Affirmed on opinion below, 59 F. Supp. 779.