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WALLING v. REID

No. 12616.

139 F.2d 323 (1943)

WALLING, Adm'r of Wage and Hour Division, U. S. Dept. of Labor, v. REID et al.

Circuit Court of Appeals, Eighth Circuit.

December 2, 1943.

Attorney(s) appearing for the Case

Hugh McCloskey, Atty. U. S. Dept. 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.

J. Adrian Rosenburg, of Jackson, Mich. (Rosenburg, Painter & Navarra, of Jackson, Mich., and Crofoot, Fraser, Connolly & Stryker, of Omaha, Neb., on the brief), for appellees.

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

RIDDICK, Circuit Judge.

The sole question presented on this appeal is whether the district court properly granted a summary judgment dismissing a complaint in an action brought by the Administrator of the Wage and Hour Division, United States Department of Labor, to enjoin alleged violations of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq.

The complaint charged that the defendants were engaged...

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