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FLEMING v. NATIONAL BANK OF COMMERCE

No. 128.

41 F.Supp. 833 (1941)

FLEMING, Adm'r of Wage and Hour Division, Department of Labor, v. NATIONAL BANK OF COMMERCE OF CHARLESTON.

District Court, S. D. West Virginia.

November 17, 1941.

Attorney(s) appearing for the Case

Beverley R. Worrell, James P. Hart, Jr., and Bennett H. Barnes, all of Richmond, Va., and Gerard D. Reilly, Irving J. Levy, and Charles R. Reynolds, Jr., all of Washington, D. C., for plaintiff.

Silverstein, Davis & Rich and Kay, Casto & Amos, all of Charleston, W. Va., for defendant.

MOORE, District Judge.

This is an action brought by the plaintiff against the defendant for a preliminary and permanent injunction to restrain alleged violations of certain provisions of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq.

The particular sections of the Act which plaintiff asks the Court to enjoin the defendant from violating are § 15(a) (2) and § 15(a) (5), which correspond to Title 29 U.S.C.A. § 215(a) (2)...

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