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WALLING v. CLINCHFIELD COAL CORPORATION

No. 5518.

159 F.2d 395 (1946)

WALLING, Adm'r, Wage and Hour Div., U. S. Department of Labor, v. CLINCHFIELD COAL CORPORATION.

Circuit Court of Appeals, Fourth Circuit.

December 24, 1946.

Attorney(s) appearing for the Case

Morton Liftin, Asst. Sol., U. S. Department of Labor, of Washington, D. C. (William S. Tyson, Sol., of Washington, D. C., Beverley R. Worrell, Regional Atty., of Richmond, Va., George M. Szabad and Helen Grundstein, Attys., both of Washington, D. C., on the brief), for appellant.

William A. Stuart, of Abingdon, Va., (A. G. Lively, of Lebanon, Va., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the Western District of Virginia dismissing a complaint for an injunction sought by the Administrator of the Wage and Hour Division, United States Department of Labor (hereinafter called the Administrator), under Section 17 of the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C.A. § 201 et seq. (hereinafter called the Act), for the purpose of restraining...

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