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WALLING v. FAIRMONT CREAMERY CO.

No. 12571.

139 F.2d 318 (1943)

WALLING, Adm'r of Wage and Hour Division, U. S. Dept. of Labor, v. FAIRMONT CREAMERY CO.

Circuit Court of Appeals, Eighth Circuit.

December 2, 1943.

Attorney(s) appearing for the Case

Hugh McCloskey, Atty., U. S. Department of Labor, of Washington, D.C. (Douglas B. Maggs, Sol., and Bessie Margolin, Asst. Sol., both of Washington, D. C., and Kenneth P. Montgomery, Regional Atty., of Chicago, Ill., on the brief), for appellant.

Leonard A. Flansburg, of Lincoln, Neb. (Charles H. Flansburg, of Lincoln, Neb., and M. S. Hartman, of Omaha, Neb., on the brief), for appellee.

Before SANBORN and RIDDICK, Circuit Judges, and DELEHANT, District Judge.

RIDDICK, Circuit Judge.

The administrator of the Wage and Hour Division of the Department of Labor brought this action to enjoin The Fairmont Creamery Company, a corporation, from violating the provisions of Section 15(a) (1), 15(a) (2), and 15(a) (5) of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. Proceedings in the district court terminated in a summary judgment in favor of the creamery company and...

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