Rankin v. Jonathan Logan, Inc., Civ. 534-49.

CourtUnited States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
Writing for the CourtMilton, McNulty & Augelli, Jersey City, N. J., by Joseph Keane, Jersey City, N. J., for defendant
Citation98 F. Supp. 1
PartiesRANKIN v. JONATHAN LOGAN, Inc.
Decision Date26 June 1951
Docket NumberCiv. 534-49.

98 F. Supp. 1

RANKIN
v.
JONATHAN LOGAN, Inc.

Civ. 534-49.

United States District Court D. New Jersey.

June 26, 1951.


98 F. Supp. 2

Frederick H. Miller, Glen Ridge, N. J., by Sylvester Carfield, Jersey City, N. J., for plaintiff.

Milton, McNulty & Augelli, Jersey City, N. J., by Joseph Keane, Jersey City, N. J., for defendant.

MODARELLI, District Judge.

This is an action under the provisions of the Fair Labor Standards Act, as amended, of June 25, 1938, 52 Stat. 1060, Title 29 U.S.C.A. § 201 et seq., to recover overtime compensation, liquidated damages, and counsel fees. Defendant contends the plaintiff is a bona fide executive, and, therefore, exempt from the coverage of the Fair Labor Standards Act by Section 213(a) thereof which declares that the wages and hours requirement shall not apply "to any employee employed in a bona fide executive * * * capacity," as that term is defined and limited by regulations of the Administrator, 29 U.S.C.A. § 213(a). Defendant further contends that the act or omission was in good faith, and that he had reasonable grounds for believing that his act or omission was not a violation.

The defendant was engaged in interstate commerce, in the manufacture, sale, and distribution of garments, dresses, and other clothing, in and between the States of New Jersey, New York, Illinois, and other states and countries, and shipped its products through the medium of the United States mails, express carriers, and trucking companies, from its plant at 83 Newark Avenue, Jersey City, New Jersey, to other states and countries.

The plaintiff was engaged by the defendant on a full time basis from January 17, 1949, to install, maintain, operate, and supervise the International Business Machine System of machines in the defendant's premises aforesaid. He manually assembled, set-up, and operated the following machines: Tabulator, Collator, Mark-Sensing Reproducer, and Summary

98 F. Supp. 3
Punch, Interpreter and Sorter. He had from three (3) to six (6) girls at various times working under his supervision in the new department. The girls were trained by the IBM Company, and were engaged primarily in operating the Key Punch Machines. The whole operation constituted a production assembly line. After a trial period of some three (3) months, the defendant abandoned the IBM System, and the plaintiff was discharged on May 13, 1949. The proof clearly indicates that the plaintiff devoted more than fifty percent (50%) of his time in the actual manual operations of the IBM Machines and the balance in the...

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8 practice notes
  • Jackson v. Airways Parking Company, Civ. A. No. 11413.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Georgia
    • 7 Marzo 1969
    ...Some affirmative action by the employer to determine how the employee should be classified must be proven. Rankin v. Jonathan Logan, Inc., 98 F.Supp. 1 (D.N.J., 1951). Therefore, on the basis of a mere allegation of good faith reliance, summary judgment cannot be granted to defendant on thi......
  • Parks v. Puckett
    • United States
    • United States District Courts. 8th Circuit. Western District of Arkansas
    • 27 Septiembre 1957
    ...64 S.Ct. 1156, 88 L.Ed. 1578; Johnson v. Dierks Lumber & Coal Co., 8 Cir., 130 F.2d 115, 118; Rankin v. Jonathan Logan, Inc., D.C.N.J., 98 F.Supp. 1; Marchant v. Sands Taylor & Wood Co., D.C. Mass., 75 F.Supp. 783; Bloch v. Bell, D.C.Ky., 63 F.Supp. 863; Davies v. Onyx Oils & Resins, Inc., ......
  • De Rose v. Eastern Plastics, Civ. A. No. 10556.
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • 3 Agosto 1955
    ...D.C.E.D.La.1954, 123 F.Supp. 853; Neal v. Braughton, D.C.W.D.Ark.1953, 111 F.Supp. 775; Rankin v. Jonathan Logan, Inc., D.C.D.N.J.1951, 98 F.Supp. 1, 3-4; Freeman v. Blake Co., D.C.Mass. 1949, 84 F.Supp. 700; Cameron v. Chichagof Min. Co., D.C.Alaska 1948, 82 F. Supp. 665, 668-669; Bloch v.......
  • Pierce v. Concrete Products & Supply Co., No. 43997
    • United States
    • United States State Supreme Court of Mississippi
    • 23 Mayo 1966
    ...v. Carrigg, 275 F.2d 448, 449 (4th Cir. 1960); Rothman v. Publicker Indus., 201 F.2d 618 (3rd Cir. 1953); Rankin v. Jonathan Logan, Inc., 98 F.Supp. 1 (D.C., N.J.1951); Burke v. Mesta Mach. Co., 79 F.Supp. 588 (D.C., Pa.1948); Reid v. Day and Zimmerman, Inc., 73 F.Supp. 892 (D.C., Ia.1947),......
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8 cases
  • Jackson v. Airways Parking Company, Civ. A. No. 11413.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Georgia
    • 7 Marzo 1969
    ...Some affirmative action by the employer to determine how the employee should be classified must be proven. Rankin v. Jonathan Logan, Inc., 98 F.Supp. 1 (D.N.J., 1951). Therefore, on the basis of a mere allegation of good faith reliance, summary judgment cannot be granted to defendant on thi......
  • Parks v. Puckett
    • United States
    • United States District Courts. 8th Circuit. Western District of Arkansas
    • 27 Septiembre 1957
    ...64 S.Ct. 1156, 88 L.Ed. 1578; Johnson v. Dierks Lumber & Coal Co., 8 Cir., 130 F.2d 115, 118; Rankin v. Jonathan Logan, Inc., D.C.N.J., 98 F.Supp. 1; Marchant v. Sands Taylor & Wood Co., D.C. Mass., 75 F.Supp. 783; Bloch v. Bell, D.C.Ky., 63 F.Supp. 863; Davies v. Onyx Oils & Resins, Inc., ......
  • De Rose v. Eastern Plastics, Civ. A. No. 10556.
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • 3 Agosto 1955
    ...D.C.E.D.La.1954, 123 F.Supp. 853; Neal v. Braughton, D.C.W.D.Ark.1953, 111 F.Supp. 775; Rankin v. Jonathan Logan, Inc., D.C.D.N.J.1951, 98 F.Supp. 1, 3-4; Freeman v. Blake Co., D.C.Mass. 1949, 84 F.Supp. 700; Cameron v. Chichagof Min. Co., D.C.Alaska 1948, 82 F. Supp. 665, 668-669; Bloch v.......
  • Pierce v. Concrete Products & Supply Co., No. 43997
    • United States
    • United States State Supreme Court of Mississippi
    • 23 Mayo 1966
    ...v. Carrigg, 275 F.2d 448, 449 (4th Cir. 1960); Rothman v. Publicker Indus., 201 F.2d 618 (3rd Cir. 1953); Rankin v. Jonathan Logan, Inc., 98 F.Supp. 1 (D.C., N.J.1951); Burke v. Mesta Mach. Co., 79 F.Supp. 588 (D.C., Pa.1948); Reid v. Day and Zimmerman, Inc., 73 F.Supp. 892 (D.C., Ia.1947),......
  • Request a trial to view additional results

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