
    BANDER v. BRESLAUER et al.
    Civ. No. 41-59.
    District Court, S. D. New York.
    July 12, 1947.
    Bogart & Lonergan, of New York City, for plaintiff.
    Levien, Singer & Neuberger, of New York City, for defendant.
   KNOX, District Judge.

The-within motion is denied, and for two reasons: (1) The ¡Civil Rules of Procedure, 28 U.S.C.A. following section 723c, have been in effect for almost nine years, and by this time, compliance therewith, particularly upon the part of a plaintiff, should almost be automatic, (2) the matter as to whether plaintiff is within the coverage of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., can be more accurately determined by a judge than by a jury.  