Bander v. Breslauer

District Court, S.D. New York
Bander v. Breslauer, 7 F.R.D. 480 (1947)
1947 U.S. Dist. LEXIS 1709

Bander v. Breslauer

Opinion of the Court

KNOX, District Judge.

The-within motion is denied, and for two reasons: (1) The ¡Civil Rules of Procedure, 28 U.S.C.A. following section 723c, have been in effect for almost nine years, and by this time, compliance therewith, particularly upon the part of a plaintiff, should almost be automatic, (2) the matter as to whether plaintiff is within the coverage of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., can be more accurately determined by a judge than by a jury.

Reference

Full Case Name
BANDER v. BRESLAUER
Status
Published