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WALLING v. NATIONAL ICE & FUEL CORPORATION

No. 9009.

158 F.2d 28 (1946)

WALLING, Adm'r, Wage and Hour Div., U. S. Dept. of Labor, v. NATIONAL ICE & FUEL CORPORATION.

Circuit Court of Appeals, Seventh Circuit.

November 1, 1946.

Attorney(s) appearing for the Case

William S. Tyson, Sol., Bessie Margolin and George M. Szabad, Asst. to Sol., Department of Labor, all of Washington, D. C., and Kenneth P. Montgomery, Department of Labor, of Chicago, Ill., for appellant.

Jerome H. Dray, Harry R. Hurvitz, and Morris W. Needlman, all of Chicago, Ill., for appellee.

Before KERNER and MINTON, Circuit Judges, and HOLLY, District Judge.

KERNER, Circuit Judge.

By his complaint the Administrator of the Wage and Hour Division sought an injunction under § 17 of the Fair Labor Standards Act of 1938, 52 Stat. 1069, 29 U.S.C.A. § 217, to enjoin defendant from violating the overtime requirement of the Act.

Defendant operates manufacturing plants at Chicago, Illinois, in which it employs twenty to seventy persons in the production, sale, and distribution of ice for interstate commerce. The...

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