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UNITED STATES v. KESSLER

January 8, 1942

UNITED STATES
v.
KESSLER et al.



The opinion of the court was delivered by: MOSCOWITZ

MOSCOWITZ, District Judge.

The defendants have made a motion for an order directing the United States of America to serve and file a bill of particulars setting forth in detail the following:

"Respecting Counts 'I' to 'XIV'

 Inclusive:

 "1. State the number of hours on each day during the period specified that it will be claimed that the designated employee worked.

 "2. State the total number of hours that it will be claimed that the designated employee worked in the specified period, the amount of his or her earnings for that period and how much per hour he or she was paid.

 "3.State the nature of the work performed by the employee and whether he or she worked on a time, piece or other weekly basis.

 "Respecting Counts 'XV' to 'XXIII'

 Inclusive:

 "4. State the number of hours on each day during the period specified that it will be claimed that the designated employee worked.

 "5. State the total number of hours that it will be claimed that the designated employee worked in the specified period, the amount of his or her earnings for that period and how much per hour he or she was paid.

 "6. State the number of hours that it will be claimed was devoted to work in excess of the designated workweek, the total compensation received for such excess or overtime work, and the rate thus paid per hour for such excess or overtime work.

 "7. State the nature of the work performed by the employee and whether he or she worked on a time, piece, weekly or other basis.

 "Respecting Counts 'XXIV,' 'XXV' and 'XXVI'

 "8. Specify the book, books or other data containing the record referred to which it is alleged that the defendants made or caused to be made and which was false and untruthful.

 "9. State the number of hours that it will be claimed that the designated employee worked ...


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