Appellate Terms of the Supreme Court of New York, 1949

French v. McWilliams Dredging Co.

French v. McWilliams Dredging Co.
Appellate Terms of the Supreme Court of New York · Decided April 7, 1949
195 Misc. 90; 88 N.Y.S.2d 838

Counsel

Emil V. Pilz for appellants., Hyman Korn and Herbert A. Kaiden for respondents.

French v. McWilliams Dredging Co.

Opinion of the Court

Per Curiam.

Section 9 of the Portal-to-Portal Act of 1947 (U. S. Code, tit. 29, § 258) is constitutional (Darr v. Mutual Life Ins. Co., 169 F. 2d 262) and the question of fact as to defendants’ good faith having been resolved in favor of defendants, from which plaintiffs have not appealed on this record, the claims of plaintiffs are barred.

The judgments should be reversed, with costs as of one appeal, and judgments directed for defendants, with costs.

Hofstadter, Pécora and Hecht, JJ., concur.

Judgments reversed, etc.

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