MITCHELL v. MILLER DRUGS

No. 5216.

255 F.2d 574 (1958)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, v. MILLER DRUGS, Inc.

United States Court of Appeals First Circuit.

May 22, 1958.


Attorney(s) appearing for the Case

Kenneth P. Montgomery, Regional Attorney, San Juan, P. R. (Stuart Rothman, Solicitor, Bessie Margolin, Asst. Solicitor, and Harry M. Leet and Robert J. Nye, Attys., U. S. Dept. of Labor, Washington, D. C., with him on brief), for appellant.

Orlando J. Antonsanti, San Juan, P. R., for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and STALEY, Circuit Judges.


STALEY, Circuit Judge.

This action was initiated by the Secretary of Labor pursuant to authority granted in Section 17 of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. § 217, to enjoin defendant from violating the overtime and minimum wage provisions of the Act with respect to certain employees in the central office and warehouse of a grocery chain composed of three retail stores. The district court found that although these employees come within...

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