Quinn

The complaint herein was filed January 24, 1947, under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq.

The first cause of action is based entirely on the now familiar “Portal to Portal” claims.

The second cause of action sounds in contract which allegedly required additional compensation for time worked by plaintiffs in, excess of eight hours per day and forty hours per week. It alleges plaintiffs worked in excess of such requirements without either giving the nature and character of their basic work, or such excess work, the date of the contract, or the dates of any period of employment or work by all or any of the plaintiffs.

Motions to dismiss were filed and by stipulation were continued from time to time until after the passage of the Portal-to-Portal Act on May 14, 1947, 29 U.S.C.A. § 251 et seq. Thereafter on May 16, 1947 a new motion to dismiss was filed incorporating the ground of jurisdictional lack, because of the provisions of the Portal-to-Portal Act, and reasserting the attack upon the Second Cause of Action on the ground of lack of diversity and jurisdictional amount.

It is that motion which is now here for decision:

First: That the United States…