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MITCHELL v. T. F. TAYLOR FERTILIZER WORKS

Civ. A. No. 359.

136 F.Supp. 740 (1955)

James P. MITCHELL, Secretary of Labor, Department of Justice, Plaintiff, v. T. F. TAYLOR FERTILIZER WORKS, Inc., a Corporation, Defendant.

United States District Court M. D. Georgia, Thomasville Division.

July 7, 1955.

Attorney(s) appearing for the Case

Beverley R. Worrell, Regional Atty., U. S. Dept. of Labor, Birmingham, Ala., for plaintiff.

Waldo DeLoache, Moore, Gibson, DeLoache & Gardner, Moultrie, Ga., for defendant.

BOOTLE, District Judge.

The Secretary of Labor seeks an injunction against T. F. Taylor Fertilizer Works, Inc., for alleged violations of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. At a pre-trial conference it was settled that the only issues are:

(a) Whether defendant's sales are recognized as retail sales in the particular industry.

(b) Whether defendant's office and plant constitute one establishment, or two separate establishments...

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