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McCOMB v. STERLING ICE & COLD STORAGE CO.

No. 3522.

165 F.2d 265 (1947)

McCOMB v. STERLING ICE & COLD STORAGE CO.

Circuit Court of Appeals, Tenth Circuit.

December 26, 1947.

Attorney(s) appearing for the Case

Frederick U. Reel, of Washington, D. C. (William S. Tyson, Bessie Margolin and Morton Liftin, all of Washington, D. C., and Reid Williams, of Denver, Colo., on the brief), for appellant.

Erskine R. Myer, of Denver, Colo. (John R. Turnquist, of Denver, Colo., and Charles W. Kreager, of Sterling, Colo., on the brief), for appellee.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

This was an action by the Administrator of the Wage and Hour Division of the Department of Labor seeking to enjoin the appellant, the Sterling Ice and Cold Storage Company,1 from alleged violations of the Fair Labor Standards Act.2 The controversy centers around a small number of employees admittedly engaged in commerce within the meaning of the Act. In August, 1942, the Company executed...

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