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MITCHELL v. MOORE

No. 12905.

241 F.2d 249 (1957)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. Lloyd H. MOORE, an Individual d/b/a Garrard Mills, Appellee.

United States Court of Appeals Sixth Circuit.

January 16, 1957.

Attorney(s) appearing for the Case

Bessie Margolin, Washington, D. C. (Stuart Rothman, Harry A. Tuell, Dept. of Labor, Washington, D. C., Jeter S. Ray, Regional Attorney, Nashville, Tenn., on the brief), for appellant.

P. McKinley Harris, Louisville, Ky. (P. McKinley Harris, William S. Love, Louisville, Ky., on the brief), for appellee.

Before MARTIN, MILLER and STEWART, Circuit Judges.

SHACKELFORD MILLER, Jr., Circuit Judge.

This action was brought by the appellant, Secretary of Labor, under Section 17 of the Fair Labor Standards Act, as amended, to enjoin the appellee from violating the minimum wage, overtime, record keeping, and shipment provisions of the Act. Sec. 201 et seq., Title 29, U.S.C.A. The facts are undisputed and the sole question for decision is whether appellee's employees are engaged in...

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