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ALPERSTEIN v. IRVIN B. FOSTER & SONS SPORTSWEAR CO

April 27, 1961

Matty ALPERSTEIN
v.
IRVIN B. FOSTER & SONS SPORTSWEAR CO., Inc.



The opinion of the court was delivered by: CLARY

This is an action under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. §§ 201-219, tried before this Court, without a jury. From the pleadings and proof, the Court makes the following Findings of Fact:

1. The Court has jurisdiction of the parties and the subject matter of this proceeding.

 2. Plaintiff is an individual residing at 2079 North John Russell Circle, Elkins Park, Pennsylvania.

 3. Defendant is a Pennsylvania corporation, with its principal place of business in Philadelphia, Pennsylvania, engaged in the manufacturing of sportswear and related products, some of which products are sold and distributed in interstate commerce.

 4. On or about September 19, 1957, the plaintiff, Barney Held, Louis Held and Irvin Foster, president of defendant corporation, verbally agreed to enter into a joint venture.

 5. The purpose of the said joint venture was to manufacture and sell ladies' dresses.

 6. All four participants decided that the name of the joint venture would be 'Frances Foster', which was a dormant corporation controlled by Irvin Foster.

 7. Barney Held withdrew from the joint venture before it commenced operations.

 8. All participants agreed among themselves to contribute the sum of $ 5,000 each to the joint venture, and that the profits would be divided in equal shares among the respective parties.

 9. It was also agreed between them that no one would withdraw any funds from the joint venture for a period of at least six weeks.

 10. The division of labor was to be as follows: (a) Plaintiff was to supervise the manufacturing of the dresses; (b) Louis Held was to handle the styling of the dresses and sale of the finished product; (c) Irvin Foster was to arrange for the financing of the venture.

 11. Immediately prior to commencement of operations, certain machinery and equipment, owned by the plaintiff, was moved into defendant's premises at 'j' Street and Ontario Street, Philadelphia, for the purpose of manufacturing dresses.

 12. This machinery and equipment was placed in a location on defendant's premises apart from the machinery ...


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