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WALLING v. EMERY WHOLESALE CO.

No. 10719.

138 F.2d 548 (1943)

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

Circuit Court of Appeals, Fifth Circuit.

November 3, 1943.

Attorney(s) appearing for the Case

Geo. A. Downing, of Atlanta, Ga., Douglas B. Maggs, Sol., U. S. Dept. of Labor, Bessie Margolin, Asst. Sol., U. S. Dept. of Labor, and Morton Liftin, Atty., U. S. Dept. of Labor, all of Washington, D. C., for appellant.

E. D. Smith, Jr., of Atlanta, Ga., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

PER CURIAM.

The suit was brought to enjoin the defendant from violating Sec. 15(a) (2) and (5) of the Fair Labor Standards Act of 1938.1 The defendant admitted that from January 1, 1940, until the week ending August 17, 1940, it, under the belief that it was not subject to the act, had not paid its employees minimum and overtime compensation, and had not kept records as required by that act and the regulations issued thereunder. It alleged...

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