McCOMB v. UTICA KNITTING CO.

No. 49, Docket 20715.

164 F.2d 670 (1947)

McCOMB, Adm'r of Wage and Hour Div., U. S. Dept. of Labor, v. UTICA KNITTING CO.

Circuit Court of Appeals, Second Circuit.

Rehearing Denied December 18, 1947.


Attorney(s) appearing for the Case

William S. Tyson, Sol., Bessie Margolin, Asst. Sol., Morton Liftin, Acting Asst. Sol., and Frederick U. Reel, and Morton Liftin, Attys., U. S. Department of Labor, all of Washington, D. C. (John A. Hughes, Regional Atty., of New York City, of counsel), for plaintiff.

Ferris, Burgess, Hughes & Dorrance, of Utica, N. Y. (Thayer Burgess and Russell G. Dunmore, Jr., both of Utica, N. Y. of counsel), for Utica Knitting Co.

Before AUGUSTUS N. HAND, CLARK, and FRANK, Circuit Judges.


FRANK, Circuit Judge.

This is an action for an injunction to prevent defendant from violating the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., with respect to 59 of defendant's employees out of a total which varies from 2,200 to 3,000. As the district judge found, defendant, which manufactures, sells and distributes textile products, operates nine mills; it "produces a fluctuating percentage of its capacity, depending upon factors which seem to be common...

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