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McCOMB v. SHEPARD NILES CRANE & HOIST CORPORATION

Civ. No. 2631.

72 F.Supp. 239 (1947)

McCOMB v. SHEPARD NILES CRANE & HOIST CORPORATION.

District Court, W. D. New York.

June 19, 1947.

Attorney(s) appearing for the Case

William S. Tyson, Acting Sol., Jester S. Ray, Associate Sol., and John J. Babe, Asst. Sol., all of Washington, D. C., and Irving Rozen and John A. Hughes, Regional Attys. James V. Altieri, Senior Atty., and Samuel Gorin, Associate Atty., all of New York City, all of the U. S. Dept. of Labor, for plaintiff.

Burke & Burke, of Elmira, N. Y. (Eugene J. Donnelly, of Buffalo, N. Y., of counsel), for defendant.

KNIGHT, District Judge.

The plaintiff sues to enjoin the defendant from violating Sections 15(a) (1) and 15(a) (2) of the Fair Labor Standards Act of 1938, Title 29 U.S.C.A. § 215(a) (1) and (2). The defendant is a New York corporation engaged in the production, sale and distribution in interstate commerce of electric cranes, hoists, and allied products. It employs and has employed about 500 employees, and since on or about January 1, 1941, at different intervals...

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