HULBERT, District Judge.
Defendant moved pursuant to Rule 12, Federal Rules of Civil Procedure, 28 U.S.C. A. following section 723c, to dismiss the complaint in this action as insufficient in law.
Plaintiff, as Administrator of the Wage and Hour Division, United States Department of Labor, sues to enjoin defendant from violating the provisions of Sections 15(a) (2) and 15(a) (5) of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq.
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