McCOMB v. ROW RIVER LUMBER CO.

No. 12154.

177 F.2d 129 (1949)

McCOMB, Adm'r, Wage & Hour Division, U. S. Department of Labor v. ROW RIVER LUMBER CO.

United States Court of Appeals Ninth Circuit.

August 30, 1949.


Attorney(s) appearing for the Case

William S. Tyson, Solicitor, Bessie Margolin, Asst. Solicitor, William A. Lowe, Joseph M. Stone, E. Gerald Lamboley, Attorneys, U. S. Dept. of Labor, Washington, D. C., Kenneth C. Robertson, Regional Attorney, James F. Scott, Attorney, U. S. Dept. of Labor, San Francisco, Cal., for appellant.

David L. Davies, James P. Rogers, Portland, Or. (Hart, Spencer, McCulloch, Rockwood & Davies, Portland, Or., of counsel), for appellee.

Before DENMAN, Chief Judge, and BONE and ORR, Circuit Judges.


DENMAN, Chief Judge.

This is a motion to dismiss an appeal because of the dissolution of appellee corporation. Appellant moves to substitute the Booth-Kelly Lumber Company, which succeeded to appellee's assets, as appellee here.

Appellant sought an injunction below under Section 17 of the Fair Labor Standards Act, 29 U.S.C.A. § 217, to restrain appellee from violating section 15 of the Act, 29 U.S.C.A. § 215. The district court denied the injunction...

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