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McCOMB v. SHEPARD NILES CRANE & HOIST CORPORATION

No. 52, Docket 21085.

171 F.2d 69 (1948)

McCOMB, Adm'r of Wage & Hour Division, U. S. Dept. of Labor, v. SHEPARD NILES CRANE & HOIST CORPORATION.

United States Court of Appeals Second Circuit.

December 1, 1948.

Attorney(s) appearing for the Case

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

Burke & Burke, of Elmira, N. Y. (James L. Burke, of Elmira, N. Y., of counsel), for defendant.

Before L. HAND, Chief Judge, and AUGUSTUS N. HAND and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This action was begun in October, 1945, by the Administrator of the Wage and Hour Division to enjoin violation of the overtime provisions of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The Administrator moved for summary judgment based upon the complaint, the answer, and a stipulation of facts. The defendant filed affidavits in opposition to the motion, and the District Court denied the motion and dismissed...

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