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WALLING v. GENERAL INDUSTRIES CO.

No. 10078.

155 F.2d 711 (1946)

WALLING, Adm'r of Wage and Hour Div., U. S. Dept. of Labor, v. GENERAL INDUSTRIES CO.

Circuit Court of Appeals, Sixth Circuit.

May 28, 1946.

Attorney(s) appearing for the Case

Morton Liftin, of Washington, D. C. (William S. Tyson and Bessie Margolin, both of Washington, D. C., Charles A. Reynard, Regional Atty., of Cleveland, Ohio, and David O. Walter, of Washington, D. C., on the brief), for appellant.

M. Reese Dill, of Cleveland, Ohio (Glenn O. Smith and M. Reese Dill, both of Cleveland, Ohio, on the brief), for appellee.

Before HICKS, ALLEN, and MILLER, Circuit Judges.

ALLEN, Circuit Judge.

The Administrator sought to enjoin the appellee from alleged violation of the Fair Labor Standards Act, 29 U.S.C., § 201 et seq., 29 U.S.C.A. § 201 et seq. The District Court, sitting without a jury, found that the appellee had not violated the Act; that the employees in question were exempt, and refused the relief prayed for.

The Administrator claims that the appellee has refused to compensate four of its employees for overtime...

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