Greenberg v. Arsenal Bldg. Corporation, No. 400.

CourtU.S. Court of Appeals — Second Circuit
Writing for the CourtPER CURIAM
Citation144 F.2d 292
PartiesGREENBERG v. ARSENAL BLDG. CORPORATION et al.
Docket NumberNo. 400.
Decision Date06 November 1944

144 F.2d 292 (1944)

GREENBERG
v.
ARSENAL BLDG.
CORPORATION et al.

No. 400.

Circuit Court of Appeals, Second Circuit.

July 18, 1944.

Writ of Certiorari Granted November 6, 1944.


144 F.2d 293

McLanahan, Merritt, Ingraham & Christy and Kenneth C. Newman, all of New York City (Robert R. Bruce and John J. Boyle, both of New York City, of counsel), for defendants-appellants-appellees.

Aaron Benenson, of New York City (Monroe Goldwater and James L. Goldwater, both of New York City, of counsel), for plaintiff-appellee-appellant.

Douglas B. Maggs, Sol., and Bessie Margolin, Asst. Sol., both of Washington, D. C., Irving Rozen, Regional Atty., of New York City, and Harry M. Leet, Atty., U. S. Department of Labor, of Washington, D. C., for Administrator of Wage and Hour Division, United States Department of Labor, as amicus curiae.

144 F.2d 294

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

Writ of Certiorari Granted November 6, 1944. See 65 S.Ct. 116.

PER CURIAM.

This is an action by the plaintiff suing for himself and co-employees of the Arsenal Building Corporation to recover overtime compensation, liquidated damages and attorneys' fees under Section 7(a) and Section 16(b) of the Fair Labor Standards Act, 29 U.S.C.A. §§ 207(a), 216(b). The plaintiff and those he represents were maintenance employees in an occupation necessary to the production of goods for interstate commerce. Judge Goddard, who conducted the trial in the District Court, held both the Arsenal Building Corporation and Spear & Co. Inc., the agent of the building, liable to the plaintiff for overtime and liquidated damages, as well as for average interest upon the awards to the respective employees, and also allowed attorneys' fees of $750. We think the judgment was right except as to the amount of the attorneys' fees and that it should be modified by increasing the fees to $1,250 and with that exception affirmed.

This appeal raises the same questions we have already dealt with in Adams Union Dime Savings Bank, 141 F.2d 290. The defendants' main contention is based upon the claim that the wages of the employees of Arsenal Building Corporation were sufficient to pay the minimum statutory wages, including a one and one-half rate for overtime hours, and that in such circumstances the contracts should either be so interpreted as to bring them within the Act or should be reformed for mutual mistake so that they would comply with it in their literal terms. The mutual mistake relied on is that the...

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23 practice notes
  • Addison v. Huron Stevedoring Corp., No. 11-12
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 20 Marzo 1953
    ...P. M., even though the actual overtime hours worked were compensated at different rates. 15 Cf. Greenberg v. Arsenal Bldg. Corp., 2 Cir., 144 F.2d 292, 294, reversed as to interest in Brooklyn Savings Bank v. O'Neil, 324 U.S. 697, 715, 65 S.Ct. 895, 89 L.Ed. 1 § 251 et seq., Title 29, U.S.C......
  • Zavala v. Wal-Mart Stores, Inc., No. CIV.A.03-5309 JAG.
    • United States
    • U.S. District Court — District of New Jersey
    • 7 Octubre 2005
    ...were employees of not only the apartment building owners but also the real estate management company); Greenberg v. Arsenal Bldg. Corp., 144 F.2d 292 (2d Cir.1944), rev'd on other grounds sub nom. Brooklyn Sav. Bank v. O'Neil, 324 U.S. 697, 65 S.Ct. 895, 89 L.Ed. 1296 These broad definition......
  • Walling v. McKay, Civ. No. 155.
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Nebraska
    • 16 Diciembre 1946
    ...Rock Island & Pacific Railway Co. v. Bond, 240 U.S. 449, 36 S.Ct. 403, 60 L. Ed. 735; Greenberg v. Arsenal Building Corporation, 2 Cir., 144 F.2d 292, reversed in part, 324 U.S. 697, 65 S.Ct. 895, 89 L.Ed. 1296, upon which the plaintiff relies are distinguishable from this case. The first o......
  • Utah Citizens Rate Association v. United States, Civ. No. C-58-60.
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Utah
    • 6 Enero 1961
    ...3 Am. Jur. Appeal and Error, § 530, p. 193; Rule 60(a) F.R.Civ.Proc., 28 U.S.C.; see Greenberg v. Arsenal Bldg. Corp., 2 Cir., 1944, 144 F.2d 292 (provision for interest thought to be implicit in judgment could be added after appeal), reversed on other grounds 324 U.S. 697, 65 S.Ct. 895, 89......
  • Request a trial to view additional results
23 cases
  • Addison v. Huron Stevedoring Corp., No. 11-12
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 20 Marzo 1953
    ...P. M., even though the actual overtime hours worked were compensated at different rates. 15 Cf. Greenberg v. Arsenal Bldg. Corp., 2 Cir., 144 F.2d 292, 294, reversed as to interest in Brooklyn Savings Bank v. O'Neil, 324 U.S. 697, 715, 65 S.Ct. 895, 89 L.Ed. 1 § 251 et seq., Title 29, U.S.C......
  • Walling v. McKay, Civ. No. 155.
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Nebraska
    • 16 Diciembre 1946
    ...Rock Island & Pacific Railway Co. v. Bond, 240 U.S. 449, 36 S.Ct. 403, 60 L. Ed. 735; Greenberg v. Arsenal Building Corporation, 2 Cir., 144 F.2d 292, reversed in part, 324 U.S. 697, 65 S.Ct. 895, 89 L.Ed. 1296, upon which the plaintiff relies are distinguishable from this case. The first o......
  • Zavala v. Wal-Mart Stores, Inc., No. CIV.A.03-5309 JAG.
    • United States
    • U.S. District Court — District of New Jersey
    • 7 Octubre 2005
    ...were employees of not only the apartment building owners but also the real estate management company); Greenberg v. Arsenal Bldg. Corp., 144 F.2d 292 (2d Cir.1944), rev'd on other grounds sub nom. Brooklyn Sav. Bank v. O'Neil, 324 U.S. 697, 65 S.Ct. 895, 89 L.Ed. 1296 These broad definition......
  • Utah Citizens Rate Association v. United States, Civ. No. C-58-60.
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Utah
    • 6 Enero 1961
    ...3 Am. Jur. Appeal and Error, § 530, p. 193; Rule 60(a) F.R.Civ.Proc., 28 U.S.C.; see Greenberg v. Arsenal Bldg. Corp., 2 Cir., 1944, 144 F.2d 292 (provision for interest thought to be implicit in judgment could be added after appeal), reversed on other grounds 324 U.S. 697, 65 S.Ct. 895, 89......
  • Request a trial to view additional results

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