McCOMB v. FRANK SCERBO & SONS

No. 235, Docket 21295.

177 F.2d 137 (1949)

McCOMB v. FRANK SCERBO & SONS, Inc. et al.

United States Court of Appeals Second Circuit.

Decided August 18, 1949.


Attorney(s) appearing for the Case

Leo Guzik, of New York City (Martin N. Whyman, of New York City, on the brief), for defendants-appellants.

Bessie Margolin, Asst. Sol., of Washington, D. C., U. S. Dept. of Labor (William S. Tyson, Sol., William A. Lowe and E. Gerald Lamboley, Attys., of Washington, D. C., and John A. Hughes, Regional Atty., of New York City, U. S. Dept. of Labor, on the brief), for plaintiff-appellee.

Before L. HAND, Chief Judge, and CLARK and FRANK, Circuit Judges.


CLARK, Circuit Judge.

Defendants' appeal from the judgment granted the Wage and Hour Administrator in his action under the Fair Labor Standards Act of 1938, § 1 et seq., 29 U.S.C.A. § 201 et seq., raises the single issue whether the Administrator can obtain not only injunctive relief, but also an order compelling the payment of unpaid overtime wages to employees thereto entitled under the Act. In the court below, defendants, manufacturers of office furniture...

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