Hodgson v. Board of Education, Garfield, NJ, 72-1749 to 72-1758.
| Decision Date | 01 November 1972 |
| Docket Number | No. 72-1749 to 72-1758.,72-1749 to 72-1758. |
| Citation | 468 F.2d 1325 |
| Parties | James D. HODGSON, Secretary of Labor, United States Department of Labor v. BOARD OF EDUCATION, PARSIPPANY-TROY HILLS, et al., Appellants. James D. HODGSON, Secretary of Labor, United States Department of Labor v. BOARD OF EDUCATION, PASSAIC, NEW JERSEY, et al., Appellants. James D. HODGSON, Secretary of Labor, United States Department of Labor v. BOARD OF EDUCATION, POMPTON LAKES, NEW JERSEY, et al., Appellants. James D. HODGSON, Secretary of Labor, United States Department of Labor v. BOARD OF EDUCATION, BERGENFIELD, NEW JERSEY, et al., Appellants. James D. HODGSON, Secretary of Labor, United States Department of Labor v. BOARD OF EDUCATION, CITY OF BAYONNE, et al., Appellants. James D. HODGSON, Secretary of Labor, United States Department of Labor v. BOARD OF EDUCATION OF the BOROUGH OF FORT LEE, et al., Appellants. James D. HODGSON, Secretary of Labor, United States Department of Labor v. NEWTON BOARD OF EDUCATION et al., Appellants. James D. HODGSON, Secretary of Labor, United States Department of Labor v. BOARD OF EDUCATION, JERSEY CITY, NEW JERSEY, et al., Appellants. James D. HODGSON, Secretary of Labor, United States Department of Labor v. BOARD OF EDUCATION, GARFIELD, NEW JERSEY, et al., Appellants James D. HODGSON, Secretary of Labor, United States Department of Labor v. BOARD OF EDUCATION, LODI, NEW JERSEY, et al., Appellants. |
| Court | U.S. Court of Appeals — Third Circuit |
James A. Major, Major & Major, Hackensack, N. J., for appellants.
Carin Ann Clauss, Associate Sol., U. S. Dept. of Justice, Washington, D. C., for appellee.
Before GIBBONS and JAMES ROSEN, Circuit Judges, and LAYTON, District Judge.
Submitted on Appellee's Motion to Dismiss Appeals October 16, 1972.
The appellants seek to appeal from an order denying their motions for summary judgment on the ground that under the eleventh amendment they are immune from suit. The suit is brought by the Secretary of Labor under the equal pay and overtime provisions of Section 17 of the Fair Labor Standards Act. Act of June 25, 1938, c. 676, 52 Stat. 1060, as amended; 29 U.S.C. § 201 et seq. It seeks an injunction to restrain the appellant school boards from continuing to withhold compensation allegedly due under that act to certain custodial workers. The district court, 344 F.Supp. 79, denied the motion for summary judgment, but has not yet reached the issue of coverage by the Act for the custodial workers. The appellants applied for and the district court denied a certification pursuant to 28 U.S.C. § 1292(b). Rule 54(b), Fed.R.Civ.P. is inapplicable since no part of any claim has been finally disposed of. The appellee moves to dismiss the appeal as interlocutory. Appellants urge that the order appealed from is a collateral final order within the meaning of Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949).
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Dunlop v. State of Rhode Island, Civ. A. No. 74-24.
...F.2d 1179 (7th Cir. 1975); Hodgson v. Board of Education, Parsippany-Troy Hills, 344 F.Supp. 79 (D.N.J. 1972), appeal dismissed, 468 F.2d 1325 (3d Cir. 1972); Hodgson v. State of Missouri, 340 F.Supp. 1188 (W.D.Mo. Determination of Liability The Secretary contends that the doctrine of colla......
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Brennan v. Board of Education, Jersey City, New Jersey
...Boards of Education, faced with similar Equal Pay litigation, was also denied. See 344 F. Supp. 79 (D.N.J.1972), app. dismissed, 468 F.2d 1325 (3d Cir. 1972). 3. The complaint, filed December 1, 1971, originally named the Board's President and Secretary as codefendants, but the plaintiff, u......
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