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WALLING v. RUTHERFORD FOOD CORPORATION

No. 3213.

156 F.2d 513 (1946)

WALLING, Adm'r, Wage and Hour Div., U. S. Dept. of Labor, v. RUTHERFORD FOOD CORPORATION et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied August 26, 1946.

Attorney(s) appearing for the Case

Faye Blackburn, of Washington, D. C. (William S. Tyson, Acting Sol., and Bessie Margolin, Asst Sol., both of Washington, D.C., Reid Williams, Regional Atty., of Kansas City, Mo., and David Lichtenstein and Eugene Green, Attys., U. S. Department of Labor, both of Washington, D. C., on the brief), for appellant.

E. R. Morrison, of Kansas City, Mo. (Homer H. Berger, R. L. Hecker, and Morrison, Nugent, Berger, Hecker & Buck, all of Kansas City, Mo., on the brief), for appellees.

Before PHILLIPS, BRATTON and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

The Administrator of the Wage and Hour Division, Department of Labor, brought this action against The George Kaiser Packing Company, hereinafter referred to as Kaiser, and Rutherford Food Corporation, hereinafter referred to as Rutherford, to enjoin the continuation of alleged violations of the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C.A. § 201 et seq.

Section 2(a) of the Act contains a Congressional finding of...

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