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WALLING v. UHLMANN GRAIN CO.

No. 8568.

151 F.2d 381 (1945)

WALLING, Adm'r, Wage and Hour Division, U. S. Dept. of Labor, v. UHLMANN GRAIN CO. et al.

Circuit Court of Appeals, Seventh Circuit.

October 17, 1945.

Attorney(s) appearing for the Case

Douglas B. Maggs, Bessie Margolin, and Joseph M. Stone, Department of Labor, all of Washington, D. C., Kenneth P. Montgomery, of Chicago, Ill., and William S. Tyson, Department of Labor, of Washington, D. C., for appellant.

Frank D. Mayer, Leo F. Tierney, and Jack A. Covey, all of Chicago, Ill. (Mayer, Meyer, Austrian & Platt, of Chicago, Ill., of counsel), for appellees.

Before EVANS, MAJOR, and KERNER, Circuit Judges.

MAJOR, Circuit Judge.

This action was brought by plaintiff to restrain defendants from violating the overtime requirements of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The District Court made findings of fact and conclusions of law and entered a judgment ordering that the complaint be dismissed for want of equity. From this order plaintiff appeals. The chief ground urged for reversal is that the court erroneously construed the law applicable...

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