MacDonald v. Martinelli
This text of 120 F. Supp. 382 (MacDonald v. Martinelli) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The defendants moved at the pre-trial conference to amend their answer to plead the statute of limitations.
Since 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 [383]*383from the filing date of the complaint. Cf. Burrell v. LaFollette Coach Lines, D.C., 97 F.Supp. 279.
Motion denied.
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Cite This Page — Counsel Stack
120 F. Supp. 382, 1953 U.S. Dist. LEXIS 2053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macdonald-v-martinelli-nysd-1953.