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MITCHELL v. FEINBERG

Civ. No. 12063.

123 F.Supp. 899 (1954)

James P. MITCHELL, Secretary of Labor, Plaintiff, v. Meyer FEINBERG, Defendant.

United States District Court E. D. New York.

June 28, 1954.

Attorney(s) appearing for the Case

Stuart Rothman, Sol., Washington, D. C., William A. Lowe, Chief of Trial Litigation, Washington, D. C., John A. Hughes, Regional Atty., New York City, Joseph D. Breitbart, Asst. Regional Atty. U. S. Dept. of Labor, New York City, for plaintiff.

Benjamin Cooper, New York City, for defendant.

GALSTON, District Judge.

This is an action by the Secretary of Labor for an injunction under Section 17 of the Fair Labor Standards Act of 1938, as amended, restraining the defendant from violating Sections 15(a) (2) and 15(a) (5) of the Act, relating to the overtime and record keeping requirements of the Act respectively. 29 U.S.C. A. §§ 215(a) (2), 215(a) (5), and 217.

The defendant is the owner and operator of a number of trucks engaged in the...

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