(DOWNLOAD) "Cuthill v. Ortman-Miller Machine Co." by Seventh Circuit United States Court of Appeals # Book PDF Kindle ePub Free

eBook details

Title: Cuthill v. Ortman-Miller Machine Co.
Author : Seventh Circuit United States Court of Appeals
Release Date : January 16, 1957
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 68 KB

Description

Before FINNEGAN and SCHNACKENBERG, Circuit Judges, and PLATT, District Judge. PLATT, D.J.: Appellee, Scott Cuthill, on December 21, 1953 obtained a judgment against the appellee, Ortman-Miller Machine Company, a corporation, for $4,100.00 for overtime compensation in a suit based upon the Fair Labor Standards Act. 29 U.S.C.A. Â§ 201 et seq. On the next day the appellant, J. Carter Miller, a minority stockholder in Ortman-Miller filed a petition to intervene, vacate the judgment and defend upon behalf of Ortman-Miller alleging that the judgment was a fraud upon the court in that Cuthill did not have a valid claim for overtime, and that Ortman-Miller's counsel was aware of this. The district court allowed a motion to dismiss the intervening petition. Miller appealed and the order of dismissal was reversed and remanded in Cuthill v. Ortman-Miller Machine Company, 216 F.2d 336 (C.A.7, 1954). Since the allegations of the petition to intervene are set forth in that opinion it is not necessary to repeat them here.