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TOBIN v. CHERRY RIVER BOOM & LUMBER CO.

Civ. A. No. 1170.

102 F.Supp. 763 (1952)

TOBIN, Secretary of Labor, v. CHERRY RIVER BOOM & LUMBER CO.

United States District Court S. D. West Virginia, Charleston Division.

January 8, 1952.

Attorney(s) appearing for the Case

William S. Tyson, Solicitor, John J. Babe, Asst. Sol., U. S. Dept. of Labor, Washington, D. C., Paul H. Sanders, Regional Atty., Marvin M. Tincher, Atty., Nashville, Tenn., and Thomas F. Guthrie, Dayton, Tenn., for plaintiff.

Brooks B. Callaghan, Richwood, W. Va., C. H. Welles, Scranton, Pa., for defendant.

MOORE, Chief Judge.

Plaintiff has brought this action praying for an injunction against defendant because of alleged violations of certain provisions of the Fair Labor Standards Act. 29 U.S.C.A. § 201 et seq.

Defendant, as its name implies, is in the lumber and timber business, and carries on extensive operations in southern West Virginia near the town of Richwood. There are approximately 450 persons on its payroll, besides several so-called "contractors...

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