WALLING v. ST. MARYS SEWER PIPE CO.

No. 2724.

57 F.Supp. 573 (1944)

WALLING, Administrator, Wage and Hour Division, United States Department of Labor, v. ST. MARYS SEWER PIPE CO.

District Court, W. D. Pennsylvania.

November 2, 1944.


Attorney(s) appearing for the Case

Douglas B. Maggs, Sol., and Archibald Cox, Associate Sol., both of Washington, D. C., Ernest N. Votaw, Regional Atty., and Morris Hoffman, both of Philadelphia, Pa., for plaintiff.

Arnold & Chaplin and John C. Arnold, all of Clearfield, Pa., for defendant.


GIBSON, District Judge.

After judgment against it the defendant has filed exceptions to the order and, in addition, has asked for a new trial.

The court was of opinion that the defendant had not borne the burden upon it of establishing that two kiln-burners in its employ were persons whose primary duties consist of the management of the establishment in which they were employed or of a customarily recognized department...

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