McCOMB v. CONSOLIDATED FISHERIES CO.

No. 9696.

174 F.2d 74 (1949)

McCOMB v. CONSOLIDATED FISHERIES CO.

United States Court of Appeals Third Circuit.

Decided March 31, 1949.


Attorney(s) appearing for the Case

William A. Lowe and E. Gerald Lamboley, both of Washington, D. C. (William S. Tyson, Sol., Bessie Margolin, Asst. Sol., and Frederick U. Reel, all of Washington, D. C., and Ernest N. Votaw, Regional Atty., of Philadelphia, Pa., on the brief), for appellant.

James M. Tunnell, of Georgetown, Del. (Tunnell & Tunnell, of Georgetown, Del., on the brief), for appellee.

Howard P. Castle, of Washington, D. C. (Edward W. Allen and Allen, Hilen, Froude & De Garmo, all of Seattle, Wash., Eugene D. Bennett, Pillsbury, Madison & Sutro, Robert Littler and Littler, Coakley & Lauritzen, all of San Francisco, Cal., and H. Thomas Austern, of Washington, D.C., on the brief), amici curiae.

Before MARIS, GOODRICH and KALODNER, Circuit Judges.


MARIS, Circuit Judge.

This action was instituted by the Administrator of the Wage and Hour Division, United States Department of Labor, in the United States District Court for the District of Delaware, to enjoin violations of the minimum wage, overtime and record-keeping requirements of the Fair Labor Standards Act of 1938.1 After trial the district court entered a judgment denying the injunction and dismissing the complaint on the ground...

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