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FLEMING v. SALEM BOX CO.

Nos. 460, 461.

38 F.Supp. 997 (1940)

FLEMING, Administrator of the Wage and Hour Division, United States Department of Labor, v. SALEM BOX CO. SAME v. SHELTON.

District Court, D. Oregon.

October 28, 1940.

Attorney(s) appearing for the Case

George A. McNulty and Irving J. Levy, both of Washington, D. C., Dorothy M. Williams, of San Francisco, Cal., Alvin F. Horowitz, of Los Angeles, Cal., and Thomas H. Tongue, of Seattle, Wash., for plaintiff Philip B. Fleming.

Henry L. Hess, of La Grande, Or., for defendant Burt Shelton.

Rhoten & Rhoten, of Salem, Or., for defendant Salem Box Co.

JAMES ALGER FEE, District Judge.

These suits were brought by the Administrator of the Wage and Hour Division to enjoin defendants from violating the provisions of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. In each case the defendant, by written stipulation, consented to the entry of judgment and approved the form thereof.

The court, since jurisdiction must be founded, irrespective of consent, raised three questions.

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