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WALLING v. HUBER & HUBER MOTOR EXPRESS

No. 827.

67 F.Supp. 855 (1946)

WALLING, Administrator of Wage and Hour Division, U. S. Dept. of Labor, v. HUBER & HUBER MOTOR EXPRESS, Inc.

District Court, W. D. Kentucky, Louisville Division.

September 20, 1946.

Attorney(s) appearing for the Case

William S. Tyson, Acting Sol., and Jeter S. Ray, Asst. Sol., both of Washington, D. C., Glenn M. Elliott, Regional Atty., of Nashville, Tenn., George W. Jansen, Supervising Atty., of Washington D. C., and David V. Manker, Atty., of Nashville, Tenn., all of Department of Labor, for plaintiff.

Stanley B. Mayer, of Louisville, Ky., David Axelrod, of Chicago, Ill., and Roland Rice, of Washington, D. C., for defendant.

MILLER, Circuit Judge.

This action was brought by the plaintiff, Administrator of the Wage and Hour Division, under Section 17 of the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 201-219, to restrain the defendant from violating the provisions of Sections 15(a) (2) and 15(a) (5) of the Act, 29 U.S.C.A. §§ 215(a) (2) and 215(a) (5). Those sections provide that it shall be unlawful for any person to violate the provisions of Section 6 or Section...

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