WALLING v. AMERICAN STORES CO.

Nos. 8048, 8049.

133 F.2d 840 (1943)

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

Circuit Court of Appeals, Third Circuit.

Decided February 11, 1943.


Attorney(s) appearing for the Case

Herman Marx, Irving J. Levy, Acting Sol., and Mortimer B. Wolf, Assistant Sol., all of Washington, D. C., Ernest N. Votaw, Regional Atty., of Philadelphia, Pa., and Edward Jay Fruchtman and Irwin S. Mason, Attys., United States Department of Labor, both of Washington, D. C., for Wage and Hour Division.

Joseph Gilfillan, of Philadelphia, Pa., for American Stores Co.

Before BIGGS, MARIS, and GOODRICH, Circuit Judges.


GOODRICH, Circuit Judge.

The Administrator of the Wage and Hour Division, United States Department of Labor, brought this action in the District Court to restrain the defendant, American Stores Company, from violating §§ 15(a) (1), 15(a) (2) and 15(a) (5)1 of the Fair Labor Standards Act of 1938. 52 Stat. 1060 (1938), 29 U.S.C.A. § 201 et seq. There was little or no dispute concerning the facts. Nor was there any doubt about...

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