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WALLING v. PORTLAND TERMINAL CO.

No. 4111.

155 F.2d 215 (1946)

WALLING v. PORTLAND TERMINAL CO.

Circuit Court of Appeals, First Circuit.

April 29, 1946.

Attorney(s) appearing for the Case

Morton Liftin, Atty., William S. Tyson, Acting Sol., and Jeter S. Ray, Asst. Sol., all of Washington, D. C., George H. Foley, Regional Atty., of Boston, Mass., George W. Jansen, Supervising Atty., of Washington, D. C., and Harry A. Tuell, Senior Atty., of Boston, Mass., for appellant.

E. Spencer Miller, of Portland, Me., for appellee.

Before MAGRUDER, MAHONEY and WOODBURY, Circuit Judges.

MAHONEY, Circuit Judge.

The district court denied an injunction sought by the Administrator of the Wage and Hour Division of the United States Department of Labor against the defendant for alleged violations of §§ 15(a) (2) and 15(a) (5) of the Fair Labor Standards Act, 29 U.S.C.A. § 215(a) (2, 5), and from that decision the Administrator has appealed. This case calls upon us to determine whether persons who are engaged in training for positions with...

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