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WALLING v. CLINCHFIELD COAL CORPORATION

Civil Action No. 70.

64 F.Supp. 347 (1946)

WALLING, Administrator of Wage and Hour Division, U. S. Dept. of Labor, v. CLINCHFIELD COAL CORPORATION.

District Court, W. D. Virginia, at Abingdon.

February 4, 1946.

Attorney(s) appearing for the Case

Lemuel H. Davis, Regional Atty., William R. Allcott, Associate Atty., and James B. Leist, Associate Atty., all of Richmond, Va. (Douglas B. Maggs, Sol. of Labor, William S. Tyson, Acting Sol. of Labor, Archibald Cox, Associate Sol., and Jeter S. Ray, Asst. Sol., United States Department of Labor, all of Washington, D. C., on the brief), for plaintiff.

William A. Stuart (of Penn, Stuart & Phillips), of Abingdon, Va., and A. G. Lively (of Burns & Lively), of Lebanon, Va., for defendant.

BARKSDALE, District Judge.

Pursuant to the provisions of Federal Rules of Civil Procedure, Rule 52(a), 28 U.S.C.A. following section 723c, the Court sets out its findings of fact and conclusions of law as follows:

Statement of the Case.

On March 29, 1943, this action was instituted by L. Metcalfe Walling, Administrator of the Wage and Hour Division, United States Department of Labor, against the defendant, Clinchfield Coal Corporation, a Virginia...

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