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WALLING v. KNUDSEN

No. 8459.

145 F.2d 161 (1944)

WALLING, Adm'r, Wage and Hour Division, U. S. Dept. of Labor, v. KNUDSEN et al.

Circuit Court of Appeals, Seventh Circuit.

October 28, 1944.

Attorney(s) appearing for the Case

R. M. Rieser, C. G. Mathys and William A. McNamara, all of Madison, Wis., for appellants.

Douglas B. Maggs and Bessie Margolin, U. S. Dept. of Labor, both of Washington, D. C., Kenneth P. Montgomery, of Chicago, Ill., Archibald Cox, Associate Sol., of Washington, D. C., and Joseph I. Nachman, Atty., U. S. Dept. of Labor, of Staunton, Va., for appellee.

Before SPARKS, MAJOR and MINTON, Circuit Judges.

MAJOR, Circuit Judge.

The Administrator instituted this action in the lower court seeking an injunction against defendants for alleged violations of the Fair Labor Standards Act (the specific sections being 15(a) (1), (2) and (5), 29 U.S.C.A. 215a (1), (2) and (5)). After a trial to the court, a judgment was entered granting the injunction. From this judgment defendants appeal.

The defendants are co-partners engaged in the business of operating a machine shop...

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