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McCOMB v. UNION STOCK YARDS & TRANSIT CO.

No. 9444.

168 F.2d 375 (1948)

McCOMB v. UNION STOCK YARDS & TRANSIT CO. OF CHICAGO.

Circuit Court of Appeals, Seventh Circuit.

May 28, 1948.

Attorney(s) appearing for the Case

William S. Tyson, Sol., Bessie Margolin, Asst. Sol. and Frederick U. Reel, Atty., U. S. Dept. of Labor, all of Washington, D. C., and William A. Lowe, Regional Atty., of Chicago, Ill., for appellant.

Ralph M. Shaw and F. H. Towner, both of Chicago, for appellee.

Before SPARKS and MINTON, Circuit Judges, and LINDLEY, District Judge.

MINTON, Circuit Judge.

The Administrator of the Wage and Hour Division sued to enjoin the defendant, Union Stock Yards and Transit Company of Chicago, from violating the Fair Labor Standards Act1 by employing certain watchmen in the yards more hours per week than authorized by the Act, without paying them overtime therefor. There is no question but that the defendant has violated the Act if its watchmen are subject thereto. The District...

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