UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF NEW YORK
May 22, 1953
MacDONALD et al.
MARTINELLI et al.
The opinion of the court was delivered by: CONGER
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, 256. The statute of limitations runs from the filing date of the complaint. Cf. Burrell v. LaFollette Coach Lines, D.C., 97 F.Supp. 279.
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