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WALLING v. RITTER FOOD STORES

No. 11651.

159 F.2d 35 (1947)

WALLING, Administrator of Wage and Hour Div., U. S. Dept. of Labor, v. RITTER FOOD STORES. RITTER FOOD STORES v. WALLING, Administrator of Wage and Hour Div., U. S. Dept. of Labor.

Circuit Court of Appeals, Fifth Circuit.

January 23, 1947.

Attorney(s) appearing for the Case

William S. Tyson, Sol., U. S. Dept. of Labor, Bessie Margolin, Asst. Sol., U. S. Dept. of Labor, and Morton Liftin, Asst. Sol., U. S. Dept. of Labor, all of Washington, D. C., for appellant.

Harold Cox, of Jackson, Miss., for Ritter Food Stores.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

The administrator, alleging that the defendant, as to its central office and warehouse employees, had violated and was continuing to violate the minimum wage, overtime and record provisions of the Fair Labor Standards Act of 1938,1 and supporting his allegation by affidavit of one Talmadge P. Walker,2 sued for an injunction.

Defendant filed its answer alleging: that defendant...

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