District Court, S.D. New York February 23, 1949, Civ. 39-382 (Galvin v. National Biscuit Co.)

RIFKIND, District Judge.

Resisting defendant’s motions to dismiss the complaint for lack of jurisdiction or, in the alternative, for summary judgment, plaintiffs concede that most of the facts are identical with those in Genuth v. National Biscuit Co., D.C.S.D.N.Y.1948, 81 F. Supp. 213, which this court dismissed for lack of jurisdiction under the Portal-to-Portal Act, 29 U.S.C.A. § 252(d).