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FLEMING v. PALMER

No. 3659.

123 F.2d 749 (1941)

FLEMING, Adm'r of Wage and Hour Division, Dept. of Labor, v. PALMER et al.

Circuit Court of Appeals, First Circuit.

November 18, 1941.

Attorney(s) appearing for the Case

Irving J. Levy, of Washington, D. C. (Gerard D. Reilly, Leo L. Holstein, and Erwin B. Ellmann, all of Washington, D. C., and Philip F. Herrick, of San Juan, P. R., on the brief), for appellant.

James R. Beverley, of San Juan, P. R. (Juan Enrique Soltero and Rafael Soltero Peralta, both of San Juan, P. R., on the brief), for appellees.

Before MAHONEY and WOODBURY, Circuit Judges, and HARTIGAN, District Judge.

MAHONEY, Circuit Judge.

The plaintiff, as Administrator of the Wage and Hour Division, United States Department of Labor, brought this action to enjoin the defendants from violating the provisions of the Fair Labor Standards Act of 1938, 52 Stat. 1060, U.S.C.A. Title 29, § 201 et seq.

The lower court refused to enjoin the defendants, Santiago R. Palmer, Magdalena J. Palmer and the Caribbean Embroidery Cooperative, Inc., with respect to members of the...

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