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McCOMB v. SUPER-A FERTILIZER WORKS

No. 4293.

165 F.2d 824 (1948)

McCOMB v. SUPER-A FERTILIZER WORKS, Inc.

Circuit Court of Appeals, First Circuit.

January 27, 1948.

Attorney(s) appearing for the Case

Frederick U. Reel, Atty., Dept. of Labor, of Washington, D. C. (William S. Tyson, Sol., Bessie Margolin, Asst. Sol., and Morton Liftin and Helen Grundstein, Attys., Dept. of Labor, all of Washington, D. C., and Kenneth P. Montgomery, Regional Atty., Dept. of Labor, of San Juan, P. R., on brief), for appellant.

Miguel A. Garcia Mendez and Arturo Ortiz Toro, both of San Juan, P. R., for appellee.

Before MAGRUDER, MAHONEY and WOODBURY, Circuit Judges.

MAHONEY, Circuit Judge.

This is another case under the Fair Labor Standards Act, 52 Stat. 1060, 29 U.S. C.A. § 201 et seq., presenting the question whether certain employees come within its coverage. The action was brought to restrain the defendant from violating the provisions of §§ 15(a) (2) and 15(a) (5) of the Act.

The defendant is a Puerto Rican corporation engaged in the manufacture of chemical fertilizers at Mayaguez, Puerto Rico. It...

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