WALLING v. NORFOLK SOUTHERN RY. CO.

No. 5562.

162 F.2d 95 (1947)

WALLING v. NORFOLK SOUTHERN RY. CO.

Circuit Court of Appeals, Fourth Circuit.

May 23, 1947.


Attorney(s) appearing for the Case

Frederick U. Reel, Atty., U. S. Dept. of Labor, of Washington, D. C. (William S. Tyson, Sol., and Bessie Margolin, Asst. Sol., both of Washington, D. C., George A. Downing, Regional Atty., of Atlanta, Ga., and James F. O'Hare, Atty, U. S. Dept. of Labor, of Washington, D. C., on the brief), for appellant.

Robert N. Simms and Robert N. Simms, Jr., both of Raleigh, N. C., for appellee.

Before PARKER, Circuit Judge, GRONER, Chief Justice of the United States Court of Appeals for the District of Columbia (sitting by special assignment), and DOBIE, Circuit Judge.


PARKER, Circuit Judge.

This is an appeal in a suit brought by the Administrator of the Wage and Hour Division, United States Department of Labor, to enjoin alleged violations of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. Judgment was entered in the District Court dismissing the bill of complaint on the merits and taxing costs against the plaintiff. A motion was made later to retax the costs as assessed by the clerk so as to eliminate therefrom certain...

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