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FLEMING v. WOOD-FRUITTICHER GROCERY CO.

No. 5138 Civ. A.

37 F.Supp. 947 (1941)

FLEMING v. WOOD-FRUITTICHER GROCERY CO., Inc.

District Court, N. D. Alabama, S. D.

April 8, 1941.

Attorney(s) appearing for the Case

Jerome A. Cooper, Acting Regional Atty. for Wage and Hour Division, of Birmingham, Ala., for plaintiff.

William S. Pritchard and Winston McCall, both of Birmingham, Ala., for defendant.

MURPHREE, District Judge.

Plaintiff's complaint prays for judgment enjoining defendant from violating the provisions of Sections 15(a) (2) and 15 (a) (5) of the Fair Labor Standards Act, sometimes hereinafter called the "Act" [29 U.S.C.A. § 215 (a) (2) and § 215 (a) (5)]. Briefly, the allegations of facts upon which this prayer is founded are that defendant has been engaged "in the purchase, sale, handling, transportation...

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