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WALLING v. McCRADY CONST. CO.

No. 2394.

60 F.Supp. 243 (1945)

WALLING, Administrator, Wage and Hour bor, v. McCRADY CONST. CO. Division, United States Department of La-

District Court, W. D. Pennsylvania.

March 28, 1945.

Attorney(s) appearing for the Case

Irving J. Levy, Acting Sol., of Washington, D. C., Ernest N. Votaw, Regional Atty., and Bernard L. Barkan, Atty., Wage and Hour Division, United States Department of Labor, both of Philadelphia, Pa., and Geo. W. Jansen, Dept. of Labor, Wage and Hour Division, of Washington, D. C., for plaintiff.

SCHOONMAKER, District Judge.

This is an action brought pursuant to Section 17 of the Fair Labor Standards Act of 1938, c. 676, 52 Stat. 1060, 29 U.S. C.A. § 201 et seq. (hereinafter referred to as "the Act"), to restrain defendant from violating Sec. 15(a) (2) of the Act, 29 U.S. C.A., § 215(a) (2).

The case, which was heard on complaint, answer, and proofs, presents the question of whether certain employees...

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