WALLING v. AMIDON

No. 3179.

153 F.2d 159 (1946)

WALLING v. AMIDON.

Circuit Court of Appeals, Tenth Circuit.

January 10, 1946.


Attorney(s) appearing for the Case

Faye Blackburn, Atty., U. S. Dept. of Labor, of Washington, D. C. (William S. Tyson, Acting Solicitor, and Bessie Margolin, Asst. Solicitor, both of Washington, D. C., Reid Williams, Regional Atty., of Kansas City, Mo., and David O. Walter, Atty., U. S. Dept. of Labor, of Washington, D. C., on the brief), for appellant.

William T. Burris, of Pueblo, Colo. (McHendrie, Burris & Pointer, of Pueblo, Colo., on the brief), for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.


PHILLIPS, Circuit Judge.

Walling, as Administrator, has appealed from a judgment denying his application for an injunction to restrain Amidon from violating the overtime provisions of the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C.A. § 201 et seq.1

Amidon is engaged at Pueblo, Colorado, in the production, sale, and distribution of sand and gravel. He owns and operates a sand and gravel screening and mixing plant...

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