Opinion · District Court, E.D. Pennsylvania
Tye v. Hertz Drivurself Stations, Inc.
7 F.R.D. 594
- Type
- Opinion
- Court
- District Court, E.D. Pennsylvania
- Jurisdiction
- Pennsylvania
- Date
- 1947-11-26
- Topic
- general
McGRANERY, District Judge. This was an action under the Fair Labor •Standards Act of 1938, 29 U.S.C.A. § 201 et seq., for overtime pay and liquidated damages allegedly due the plaintiff. At trial a verdict was returned for plaintiff, which was later set aside on plaintiff’s motion for a partial new trial. Within ten days after that verdict defendant moved for a judgment notwithstanding the verdict. That motion was denied in my Memorandum Opinion filed June 17, 1947.
Citator
UpLaw has not yet analyzed Tye v. Hertz Drivurself Stations, Inc.. The absence of a flag is not a finding that it is good law.
This was an action under the Fair Labor •Standards Act of 1938, 29 U.S.C.A. § 201 et seq., for overtime pay and liquidated damages allegedly due the plaintiff. At trial a verdict was returned for plaintiff, which was later set aside on plaintiff’s motion for a partial new trial. Within ten days after that verdict defendant moved for a judgment notwithstanding the verdict. That motion was denied in my Memorandum Opinion filed June 17, 1947. Defendant has mow filed another motion for a judgment .notwithstanding the verdict, basing it upon the Portal-to-Portal Act of 1947, 29 U.S.C. A. § 251 et seq. Federal Rules of Civil Procedure, Rule 50(b), 28 U.S.C.A. following section 723c, under which authority defendant makes its motion, provides:
“Within 10 days after the reception of a verdict, a party who has moved for a directed verdict may move to have the verdict and any judgment entered thereon set aside and to have judgment entered in accordance with his motion for a directed verdict.”
Defendant’s present motion is clearly not timely. Therefore it must be denied.