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OPP COTTON MILLS v. ADMINISTRATOR OF WAGE, ETC

No. 9313.

111 F.2d 23 (1940)

OPP COTTON MILLS, Inc., v. ADMINISTRATOR OF WAGE AND HOUR DIVISION OF DEPARTMENT OF LABOR.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 16, 1940.

Attorney(s) appearing for the Case

Ben F. Cameron, of Meridian, Miss., W. Gordon McKelvey, of Nashville, Tenn., Tyre Taylor, of Washington, D. C., Gessner T. McCorvey, of Mobile, Ala. and Hobart A. McWhorter, of Birmingham, Ala., for petitioner.

George A. McNulty, Gen. Counsel, United States Department of Labor, Irving J. Levy, Asst. Gen. Counsel, United States Department of Labor, and Louis Sherman, all of Washington, D. C., Conley Merchant, Regional Atty., Department of Labor, of Birmingham, Ala., and Robert L. Wright, Sp. Asst. to Atty. Gen., Joseph L. Rauh, Asst. Gen. Counsel, Walter D. Murphy, Bessie Margolin, and C. Ira Funston, all of Washington, D. C., for respondent.

Before HOLMES and McCORD, Circuit Judges, and MIZE, District Judge.

McCORD, Circuit Judge.

The Administrator of the Wage and Hour Division of the Department of Labor issued a wage order on September 29, 1939, providing that effective October 24, 1939, wages at a rate of not less than 32½ cents an hour be paid to all employees in the textile industry. The wage order was issued pursuant to the provisions of the Fair Labor Standards Act of 1938, 52 Stats. p. 1060, 29 U.S.C.A. § 201 et seq.

Opp Cotton Mills, Inc., operator...

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