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McCOMB v. ROIG

No. 4439.

181 F.2d 726 (1950)

McCOMB v. ROIG.

United States Court of Appeals First Circuit.

May 2, 1950.

Attorney(s) appearing for the Case

Bessie Margolin, Assistant Solicitor, Washington, D. C. (William A. Lowe and Joseph D. Mladinov, Attorneys, all three of Washington, D. C., and Kenneth P. Montgomery, Regional Attorney, Santurce, Puerto Rico, with her on brief), for appellant.

James R. Beverley (Jose Lopez Baralt and Carmen B. Hernandez with him on brief), all three of San Juan, Puerto Rico, for appellee.

Before MAGRUDER, Chief Judge, and MARIS (by special assignment) and WOODBURY, Circuit Judges.

MAGRUDER, Chief Judge.

An appeal by the Administrator of the Wage and Hour Division, U.S. Department of Labor, from a judgment dismissing a complaint against a Puerto Rican partnership engaged in the operation of a sugar mill, requires a determination whether certain wage arrangements violated the overtime provisions of the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C.A. § 201 et seq., or were covered by the saving gloss of Walling v. A. H. Belo...

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