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MITCHELL v. KROGER COMPANY

No. 15817.

248 F.2d 935 (1957)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. The KROGER COMPANY, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

November 4, 1957.

Attorney(s) appearing for the Case

Bessie Margolin, Asst. Solicitor, U. S. Dept. of Labor, Washington, D. C. (Stuart Rothman, Solicitor, Harry M. Leet, Atty., and B. Harper Barnes, Regional Atty., U. S. Dept. of Labor, Washington, D. C., were with her on the brief), for appellant.

James E. Lockwood, Kansas City, Mo. and Richard V. Runyan, Cincinnati, Ohio (Roscoe C. Van Valkenburgh and Brenner, Van Valkenburgh & Wimmell, Kansas City, Mo., were with them on the brief), for appellee.

Before GARDNER, Chief Judge, and VOGEL and VAN OOSTERHOUT, Circuit Judges.

VOGEL, Circuit Judge.

The Secretary of Labor brought this action against the Kroger Company, asking that the latter be enjoined from violating the provisions of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. § 201 et seq. It was charged that the Kroger Company failed to pay overtime to certain store auditors and failed to keep proper records of the hours worked by the auditors. The Kroger Company is an Ohio corporation which operates a large number...

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