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EMULSIFIED ASPHALT PRODUCTS COMPANY v. MITCHELL

No. 12302.

222 F.2d 913 (1955)

EMULSIFIED ASPHALT PRODUCTS COMPANY, Appellant, v. James P. MITCHELL, Secretary of Labor, U. S. Department of Labor, Appellee.

United States Court of Appeals Sixth Circuit.

June 3, 1955.

Attorney(s) appearing for the Case

Herbert H. McCampbell, Jr., Knoxville, Tenn., for appellant.

Jeter S. Ray, Regional Atty., U. S. Dept. of Labor, Nashville, Tenn. (Stuart Rothman, Sol., Bessie Margolin, Asst. Sol., William W. Watson, Atty., U. S. Dept. of Labor, Washington, D. C., on the brief), for appellee.

Before ALLEN, McALLISTER and MILLER, Circuit Judges.

ALLEN, Circuit Judge.

This is an appeal from a judgment of the District Court, 120 F.Supp. 804, granting an injunction restraining defendant from violating the Fair Labor Standards Act, 29 U.S.C., Sections 215 (a) (2) and (a) (5), 29 U.S.C.A. § 215 (a) (2,5), through failure to pay certain employees the minimum wage for a 40 hour week and time and one-half the regular wage for hours...

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