Adair v. Traco Division

Court of Appeals of Georgia

Adair v. Traco Division

15 S.E.2d 306, 65 Ga. App. 110, 1941 Ga. App. LEXIS 268

CourtCourt of Appeals of Georgia

DecidedJune 11, 1941

Docket28435.

StatusPublished

Cited by1 cases

This text of 15 S.E.2d 306 (Adair v. Traco Division) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adair v. Traco Division, 15 S.E.2d 306, 65 Ga. App. 110, 1941 Ga. App. LEXIS 268 (Ga. Ct. App. 1941).

Pincite

Opinion

Stephens, P. J.

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. The petition set out a cause of action.

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

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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Stephens, P. J.

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. The petition set out a cause of action.

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

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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Bluebook (online)

15 S.E.2d 306, 65 Ga. App. 110, 1941 Ga. App. LEXIS 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adair-v-traco-division-gactapp-1941.

Opinion

2. The petition set out a cause of action.

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