City of New York Municipal Court October 7, 1943 (Green v. Foundation Co.)

McCullen, J.

This is a motion by the impleaded defendant to dismiss the defendant’s claim against it. The action is brought under the Fair Labor Standards Act of 1938. (U. S. Code, tit. 29, § 201 et seq.) The defendant, the employer of plaintiff, was a subcontractor in the performance of certain work covered by a prime contract between the impleaded defendant and the United States G-overnment.