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WALLING v. BAY STATE DREDGING & CONTRACTING CO.

No. 4007.

149 F.2d 346 (1945)

WALLING, Adm'r of Wage and Hour Division, v. BAY STATE DREDGING & CONTRACTING CO.

Circuit Court of Appeals, First Circuit.

May 9, 1945.

Attorney(s) appearing for the Case

Archibald Cox, Associate Sol., of Washington, D. C. (Douglas B. Maggs, Sol., of Washington, D. C., George H. Foley, Jr., Regional Atty., of Boston, Mass., and Edward D. Friedman, Atty., United States Department of Labor, of Washington, D. C., of counsel), for appellant.

Herman Snyder, of Boston, Mass. (Bailen, Snyder & Vernaglia, of Boston, Mass., of counsel), for appellee.

Before MAHONEY and WOODBURY, Circuit Judges, and PETERS, District Judge.

PETERS, District Judge.

This is an appeal from a final judgment of the District Court dismissing a complaint filed by the Administrator of the Wage and Hour Division, United States Department of Labor, under the Fair Labor Standards Act of 1938, asking for an injunction restraining violations of the over-time and record-keeping provisions of the Act, §§ 15 (a) (2) and 15(a) (5), 29 U.S.C.A. § 215 (a) (2, 5).

The case turns upon the applicability...

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