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WALLING v. NEWMAN

Civil Actions Nos. 222, 224.

61 F.Supp. 971 (1945)

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

District Court, N. D. Iowa, W. D.

June 26, 1945.

Attorney(s) appearing for the Case

Douglas B. Maggs, Sol., and Archibald Cox, Associate Sol., both of Washington, D. C., Reid Williams, Regional Atty., and Henry J. Smith, Associate Atty., both of Kansas City, Kan., and Joseph I. Nachman, Associate Atty., of Washington, D. C., all of United States Department of Labor, for plaintiff in both cases.

Louis S. Goldberg, of Sioux City, Iowa, for all defendants in both cases.

GRAVEN, District Judge.

Two actions consolidated for purposes of trial in which injunctions are sought to enjoin alleged continuing violation of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., hereinafter referred to as the Act. There is involved in each case the question of "administrative" exemption under the Act. There is only one employee whose status is invoked in each case. In the first case it is the status of one A. M. Johnsen which is involved...

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