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WALLING v. COMET CARRIERS

No. 367.

151 F.2d 107 (1945)

WALLING, Adm'r of Wage and Hour Div., U. S. Dept. of Labor, v. COMET CARRIERS, Inc.

Circuit Court of Appeals, Second Circuit.

August 17, 1945.

Attorney(s) appearing for the Case

Douglas B. Maggs, Sol., and William S. Tyson, Asst. Sol., both of Washington, D. C., Irving Rozen, Regional Atty., Dept. of Labor, of New York City, Harold C. Nystrom, Atty., Dept. of Labor, of New York City, James F. Scott, Atty., Dept. of Labor, of Canton, Ill., and Robert A. Levitt, Atty., Dept. of Labor, of Minneapolis, Minn., for plaintiff.

Ralph D. Elmer, of New York City (Herbert Burstein, of New York City, of counsel), for defendant.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

The Administrator of the Wage and Hour Division of the Department of Labor brought this suit in the District Court for the Southern District of New York for an injunction to prevent further violations by the defendant, a New York corporation, of § 15(a) (1), (2) and (5) of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201, et seq. The injunction sought was in part granted and in part denied and both parties have appealed.

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