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MISSISSIPPI ROAD SUPPLY COMPANY v. FLEMING

No. 10093.

127 F.2d 727 (1942)

MISSISSIPPI ROAD SUPPLY COMPANY, Appellant, v. Philip B. FLEMING, Administrator of Wage and Hour Division, U. S. Department of Labor, Appellee.

Circuit Court of Appeals, Fifth Circuit.

May 11, 1942.

Attorney(s) appearing for the Case

E. L. Trenholm, of Jackson, Miss., for appellant.

Irving J. Levy, Acting Sol. of Labor, U. S. Department of Labor, and Mortimer B. Wolf, Asst. Sol., U. S. Department of Labor, both of Washington, D. C., and Jerome A. Cooper, Regional Atty., Wage and Hour Division, U. S. Department of Labor, of Birmingham, Ala., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

PER CURIAM.

This cause was this day called in its regular order; whereupon, on consideration of the motion filed by appellee, the Administrator of the Wage and Hour Division, United States Department of Labor, that the judgment of the United States District Court for the Southern District of Mississippi appealed from be reversed, and the cause remanded with directions to dismiss the Administrator's application for enforcement of a subpoena duces tecum; it is ordered...

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