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ROCKTON & RION RAILROAD v. WALLING

No. 5281.

146 F.2d 111 (1944)

ROCKTON & RION RAILROAD (Railway), a Corporation, Appellant, v. L. Metcalfe WALLING, Administrator of the Wage and Hour Division, United States Department of Labor, Appellee.

Circuit Court of Appeals, Fourth Circuit.

December 11, 1944.

Attorney(s) appearing for the Case

J. M. Hemphill, of Chester, S. C. (Paul Hemphill, of Chester, S. C., on the brief), for appellant.

George M. Szabad, Atty., U. S. Department of Labor, of Washington, D. C. (Douglas B. Maggs, Sol., and Bessie Margolin, Asst. Sol., both of Washington, D. C., George A. Downing, Regional Atty., of Atlanta, Ga., and Albert A. Spiegel, Atty., U. S. Department of Labor, of McKeesport, Pa., on the brief), for appellee.

Before PARKER and DOBIE, Circuit Judges, and CHESNUT, District Judge.

PER CURIAM.

This is an appeal from a decree enjoining the Rockton & Rion Railroad from violating the provisions of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. The defendant is a railroad twelve miles long lying wholly within Fairfield County, S. C., and connecting with the lines of the Southern Railway Company. Its stock is owned by those who are interested in granite quarries operating along its lines, and its principal business is transporting...

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