WALLING v. PANTHER CREEK MINES

No. 8442.

148 F.2d 604 (1945)

WALLING, Adm'r of Wage and Hour Division, U. S. Dept. of Labor, v. PANTHER CREEK MINES, Inc.

Circuit Court of Appeals, Seventh Circuit.

March 1, 1945.


Attorney(s) appearing for the Case

Douglas B. Maggs, of Washington, D. C., Kenneth P. Montgomery and Victor M. Harding, Jr., both of Chicago, Ill., and Bessie Margolin, Asst. Sol., Department of Labor, and Joseph I. Nachman, Atty., U. S. Department of Labor, both of Washington, D. C., for appellant.

Clayton J. Barber and Samuel C. Fielden, both of Springfield, Ill., for appellee.

Before EVANS, SPARKS, and KERNER, Circuit Judges.


KERNER, Circuit Judge.

The Administrator of the Wage and Hour Division sought an injunction under § 17 of the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C.A. § 217, to restrain defendant from violating the minimum wage, overtime, and record-keeping requirements of said Act. After a trial and after making findings of fact and conclusions of law, the District Court dismissed the suit for want of equity. The Administrator appeals.

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