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WALLING v. EMERY WHOLESALE CORPORATION

No. 2409.

49 F.Supp. 192 (1943)

WALLING, Administrator of Wage and Hour Division, United States Department of Labor, v. EMERY WHOLESALE CORPORATION.

District Court, N. D. Georgia, Atlanta Division.

February 24, 1943.

Attorney(s) appearing for the Case

Geo. A. Downing, of Atlanta, Ga., and Irving J. Levy, of Washington, D. C., for plaintiff.

Hirsch, Smith, Kilpatrick, Clay & Cody, of Atlanta, Ga., for defendant.

RUSSELL, District Judge.

1. Defendant is a corporation organized under and existing by virtue of the laws of the State of Georgia, having its principal office and warehouse in Atlanta, Fulton County, Georgia, and began business January 1, 1940. Prior to that time the business in which defendant is now engaged had been carried on as a department of Emery Stores, Inc., which is a corporation doing a retail 5 and 10¢ store business.

2. Upon the incorporation...

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