FENTON v. WALLING

Nos. 10438, 10439.

139 F.2d 608 (1943)

FENTON v. WALLING, Administrator of Wage and Hour Division, United States Department of Labor. SMITH v. SAME.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied February 1, 1944.


Attorney(s) appearing for the Case

Louis Ferrari, G. D. Schilling, Kenneth M. Johnson, and Philip S. Ehrlich, all of San Francisco, Cal., for appellants.

Douglas B. Maggs, Sol., Wage and Hour Division, U.S. Dept. of Labor, Irving J. Levy, Associate Sol., Bessie Margolin, Asst. Sol., and Morton Liftin and Joseph I. Nachman, Attys., all of Washington, D. C., and Dorothy M. Williams, Regional Atty., Wage and Hour Division, U.S. Dept. of Labor, of San Francisco, Cal., for appellee.

Before WILBUR, MATHEWS, and HEALY, Circuit Judges.


HEALY, Circuit Judge.

Involved here are two appeals from orders adjudging appellants severally guilty of contempt and committing them to the custody of the marshal until they should purge themselves thereof.

Appellee, as administrator of the Wage and Hour Division of the Department of Labor, instituted suit in the court below against the Bank of America National Trust & Savings Association, pursuant to the authority given by § 17 of the Fair Labor...

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