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WALLING v. SILVER BROS. CO.

No. 3826.

136 F.2d 168 (1943)

WALLING, Administrator of Wage and Hour Division, United States Department of Labor, v. SILVER BROS. CO., Inc.

Circuit Court of Appeals, First Circuit.

Rehearing Denied June 18, 1943.

Attorney(s) appearing for the Case

Bessie Margolin, of Washington, D. C. (Irving J. Levy, of Washington, D. C., Vernon C. Stoneman, of Boston, Mass., and Faye Blackburn, Atty., U. S. Dept. of Labor, of Washington, D. C., on the brief), for appellant.

Robert P. Bingham, of Manchester, N. H. (Kenneth F. Graf and McLane, Davis & Carleton, all of Manchester, N. H., on the brief), for appellee.

Before MAHONEY and WOODBURY, Circuit Judges, and SWEENEY, District Judge.

MAHONEY, Circuit Judge.

This action was brought by the Administrator of the Wage and Hour Division, United States Department of Labor, to enjoin Silver Bros. Co., Inc., from violating the provisions of Sections 15(a) (2) and 15(a) (5) of the Fair Labor Standards Act of 1938, 52 Stat. 1060, Ch. 676, 29 U.S.C.A. § 201 et seq., hereinafter called the Act. The district court dismissed the bill and the Administrator has taken this appeal.

The appellee is a...

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