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WALLING v. SHENANDOAH-DIVES MINING CO.

No. 2623.

134 F.2d 395 (1943)

WALLING v. SHENANDOAH-DIVES MINING CO.

Circuit Court of Appeals, Tenth Circuit.

March 8, 1943.

Attorney(s) appearing for the Case

Peter Seitz, of Washington, D. C. (Irving J. Levy and Bessie Margolin, both of Washington, D. C., Kenneth P. Montgomery, of Kansas City, Mo., and Flora G. Chudson, of Washington, D. C., on the brief), for appellant.

Frazer Arnold, of Denver, Colo. (Charles Kentor and Arnold Weinberger, both of Denver, Colo., on the brief), for appellee.

Before PHILLIPS, HUXMAN and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

This action was instituted in the United States District Court for the District of Colorado by the administrator of the Wage and Hour Division of the United States Department of Labor to enjoin the Shenandoah-Dives Mining Company from violating provisions of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The complaint alleged violations of the Act extending over a period of three years. In a supplemental answer, the company...

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