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McCOMB v. JOHNSON

No. 13905.

174 F.2d 833 (1949)

McCOMB, Administrator of Wage and Hour Division, U. S. Dept. of Labor, v. JOHNSON et al.

United States Court of Appeals Eighth Circuit.

June 15, 1949.

Attorney(s) appearing for the Case

William A. Lowe, Attorney, Wage and Hour Division, United States Department of Labor, Washington, D. C. (William S. Tyson, Solicitor, Bessie Margolin, Assistant Solicitor, Joseph M. Stone and Joseph D. Mladinov, Attorneys, Washington D. C., and Reid Williams, Regional Attorney, Wage and Hour Division, United States Department of Labor, Kansas City, Mo., on the brief), for appellant.

Charles F. Lamkin, Jr., and Oscar S. Brewer, Kansas City, Mo. (Warrick, Brewer & Lamkin, Kansas City, Mo., on the brief), for appellees.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.

SANBORN, Circuit Judge.

This action was brought by the plaintiff (appellant) under § 17 of the Fair Labor Standards Act of 1938, c. 676, 52 Stat. 1060, 29 U.S.C.A. § 201 et seq., to enjoin the defendants (appellees) from violating the overtime and record-keeping requirements of the Act. On a motion of the defendants, the court dismissed the complaint for failure to state a claim upon which relief could be granted. This was done upon the theory that, under...

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