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FLEMING v. KENTON LOOSE LEAF TOBACCO WAREHOUSE CO.

No. 49.

41 F.Supp. 255 (1941)

FLEMING, Adm'r of Wage and Hour Division, Department of Labor, v. KENTON LOOSE LEAF TOBACCO WAREHOUSE CO.

District Court, E. D. Kentucky.

October 11, 1941.

Attorney(s) appearing for the Case

Charles H. Livengood, Jr., Regional Atty., Wage & Hour Division of U. S. Dept. of Labor, of Nashville, Tenn. (Gerard D. Reilly, Sol. and Irving J. Levy, Asst. Sol., both of Washington, D.C., and Jeter S. Ray, Atty., all of U. S. Department of Labor, both of Nashville, Tenn., on the brief; Charles R. Reynolds, Jr., of Washington, D. C., of counsel), for plaintiff.

William A. Price, of Rouse, Price & Adams, of Covington, Ky., for defendant.

SWINFORD, District Judge.

The Administrator of the Wage and Hour Division of the United States Department of Labor seeks to enjoin the defendant from violating Sections 15(a) (2) and 15(a) (5) of the Fair Labor Standards Act of June 25, 1938, 52 Stat. 1060, 29 U.S. C.A. §§ 201-219.

Section 15(a) (2) of the Act makes it unlawful to violate the provisions of Sections 6 and 7. Section 6 requires employers to pay employees engaged in interstate commerce...

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