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McCOMB v. McKAY

No. 13517.

164 F.2d 40 (1947)

McCOMB, Administrator of Wage and Public Contracts Divisions of U.S. Dept. of Labor, v. McKAY et al.

Circuit Court of Appeals, Eighth Circuit.

November 4, 1947.

Attorney(s) appearing for the Case

John J. Babè, Asst. Sol., U. S. Dept. of Labor, of Washington, D. C. (William S. Tyson, Sol., U.S. Dept. of Labor, of Washington, D. C., and Reid Williams, Regional Atty., U.S. Dept. of Labor, of Kansas City, Mo., on the brief), for appellant.

G. C. Holdrege, of Omaha, Neb. (C. B. Matthai, of Omaha, Neb., on the brief), for appellees.

Before SANBORN, THOMAS, and JOHNSEN, Circuit Judges.

SANBORN, Circuit Judge.

The Administrator of the Wage and Hour Division, United States Department of Labor, brought this action to enjoin the appellees (who will be referred to as "the McKays") from violating the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C.A. § 201 et seq. The McKays were charged with having failed (1) to keep proper records as required by § 11(c) of the Act, 29 U.S.C.A. § 211(c), and (2) to pay their employees overtime...

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