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McCOMB v. HUNSAKER TRUCKING CONTRACTOR

No. 12490.

171 F.2d 523 (1948)

McCOMB v. HUNSAKER TRUCKING CONTRACTOR, Inc.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 18, 1949.

Attorney(s) appearing for the Case

Bessie Margolin, Asst. Solicitor, U. S. Dept. of Labor, of Washington, D. C., and Earl Street, Reg. Atty., U. S. Dept. Labor, of Dallas, Tex., for appellant.

Chas. Romick and Leroy Hallman, both of Dallas, Tex., for appellee.

Before HUTCHESON, SIBLEY, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

The appellant, desiring to inspect the records and investigate the practices of appellee and determine whether there have been any violations of the Fair Labor Standards Act, as authorized by Section 11 (a) thereof, 29 U.S.C.A. § 211(a), and having been unsuccessful in agreeing with appellee as to what books and other records were subject to inspection, issued a subpoena duces tecum to produce at a stated time and place "(1) The records...

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