FLEMING v. HAWKEYE PEARL BUTTON CO.

No. 11592.

113 F.2d 52 (1940)

FLEMING v. HAWKEYE PEARL BUTTON CO. et al.

Circuit Court of Appeals, Eighth Circuit.

June 26, 1940.


Attorney(s) appearing for the Case

Alex Elson, of Chicago, Ill., and Rufus G. Poole, Associate General Counsel, of Washington, D. C. (George A. McNulty, General Counsel, Irving J. Levy, Asst. General Counsel, and Kenneth C. Robertson, all of Washington, D. C., Lee K. Beznor, of Chicago, Ill., Carl A. Auerbach, of Washington, D. C., and Robert J. Wieferich, of Chicago, Ill., on the brief), for appellant.

Wayne G. Cook, of Davenport, Iowa (G. Allbee and Harold E. Wilson, both of Muscatine, Iowa, William T. Waterman, of Davenport, Iowa, Allbee & Allbee, of Muscatine, Iowa, and Lane & Waterman, of Davenport, Iowa, on the brief), for appellees.

Before GARDNER and SANBORN, Circuit Judges, and COLLET, District Judge.


GARDNER, Circuit Judge.

This is an appeal from an order of the lower court granting appellees' motions to dismiss appellant's action brought to enjoin alleged violations of the Fair Labor Standards Act of 1938. Act of June 25, 1938, c. 676, 52 Stat. 1060-1069, 29 U.S.C. §§ 201-219, 29 U.S.C.A. §§ 201-219.

The action was commenced by the Administrator of the Wage and Hour Division of the United States...

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