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TOBIN v. TRADERS COMPRESS CO.

No. 4417.

199 F.2d 8 (1952)

TOBIN, Secretary of Labor, v. TRADERS COMPRESS CO.

United States Court of Appeals Tenth Circuit.

Rehearing Denied October 1, 1952.

Attorney(s) appearing for the Case

Bessie Margolin, Asst. Solicitor, U. S. Department of Labor, Washington, D. C. (William S. Tyson, Solicitor, William A. Lowe, and David F. Babson, Jr., Attorneys, Washington, D. C., on the brief), for appellant.

John H. Todd, Washington, D. C. (C. B. Cochran, Oklahoma City, Okl., on the brief), for appellee.

Before BRATTON, MURRAH and PICKETT, Circuit Judges.

MURRAH, Circuit Judge.

Five employees of the appellee, Traders Compress Company, brought this suit under the Fair Labor Standards Act, c. 676, 52 Stat. 1060; c. 736, 63 Stat. 910, 29 U. S.C.A. § 201 et seq., to recover the difference between the minimum statutory rate of 75¢ per hour and 47½¢ per hour, paid during the period in question. The Compress admitted the employment, the hours worked and the rate of pay, but defended on the ground, among...

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