MITCHELL v. TUNE

No. 1494.

178 F.Supp. 138 (1959)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Plaintiff, v. Carl TUNE, Individually and d/b/a Tune Construction Company, Defendant.

United States District Court W. D. Arkansas. Ft. Smith, Division.

November 4, 1959.


Attorney(s) appearing for the Case

T. Hagan Allin, Trial Atty., U. S. Dept. of Labor, Dallas, Tex., for plaintiff.

Dickson, Putman & Millwee, Fayetteville, Ark., for defendant.


JOHN E. MILLER, Chief Judge.

This action was brought by the Secretary of Labor pursuant to Sec. 17 of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. § 217, to enjoin future violations by the defendant of the overtime provisions of Sec. 7 of the Act, 29 U.S.C.A. § 207.

The defendant is a general contractor, and the specific violation alleged in the complaint concerns the construction of a new factory building for the Baldwin Piano Company...

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