MacDonald v. Martinelli

U.S. District Court

Decided May 22, 1953

U.S. District Court · decided 1953-05-22

Cited by 1 later decisions — most recently August 1975

1 district ·

Applies 29 U.S.C. § 216 · 29 U.S.C. § 255

Relies on 97 F. Supp. 279 - Burrell v. La Follette Coach Lines · Wheeler v. Holland

Good law ✅— No negative treatment on recordhow we know

Decided 1953-05-22

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CONGER, District Judge.

¶1The defendants moved at the pre-trial conference to amend their answer to plead the statute of limitations.

¶2Since Judge Samuel H. Kaufman has held that Section 16(b) of the Act, 29 U.S.C.A. § 216(b), relating to the filing of consents, is inapplicable to this suit, D.C., 120 F.Supp. 383, the defendants are precluded from using the filing dates of such consents nevertheless filed as a basis for asserting the statute of limitations found in Sections 6 and 7 of the Portal to Portal Act, 29 U.S.C.A. §§ 255, 266. The statute of limitations runs *383from the filing date of the complaint. Cf. Burrell v. LaFollette Coach Lines, D.C., 97 F.Supp. 279.

¶3Motion denied.