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65 Ga. App. 110

15 S.E.2d 306

Adair v. Traco Division

Court of Appeals of Georgia

Decided June 11, 1941

Court of Appeals of Georgia · decided 1941-06-11

Cited by 1 later decisions — most recently September 1943

1 state decisions

Applies 29 U.S.C. § 216

Relies on Adair v. the Traco Division

Good law ✅— No negative treatment on recordhow we know

Decided 1941-06-11

View the full empirical analysis of this case →

Stephens, P. J.

¶1 1. “Jurisdiction of a suit by an employee to recover unpaid minimum wages and overtime compensation, and an additional equal amount as ‘liquidated damages,’ and attorney’s fees, under- the fair-labor standards act of 1938 (29 U. S. C. A. § 216), is not vested exclusively in the courts of the United States, but may be heard and determined in any State court of competent jurisdiction.” Adair v. The Traco Division, 192 Ga. 59 (14 S. E. 2d, 466) — answer by Supreme Court to certified questions in this case.

¶2 2. The petition set out a cause of action.

¶3 3. The court erred in sustaining the demurrer and dismissing the action.

¶4 Judgment reversed.

Sutton and Felton, JJ., concur. *111 Eirsch, Smith •& Kilpatrick, Julian E. Goriatowsky, for defendant. George A. McNulty, Irving J. Levy, George A. Downing, Richard E. Cotton, James E. Shelton, Gerard D. Reilly, as amici curise.
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