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MITCHELL v. E-Z WAY TOWERS, INC.

Nos. 17551, 17552.

269 F.2d 126 (1959)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. E-Z WAY TOWERS, INC., et al., Appellees. James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. E-Z WAY ERECTORS, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

July 30, 1959.

Attorney(s) appearing for the Case

Robert E. Nagle, Attorney, Department of Labor, Bessie Margolin, Asst. Sol., Dept. of Labor, Washington, D. C., Stuart Rothman, Solicitor, Attorney, United States Department of Labor, Washington, D. C., Beverley R. Worrell, Regional Attorney, Birmingham, Ala., for appellant.

Paul B. Johnson, Tampa, Fla., for appellees.

Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

These cases raise questions limited to the sufficiency of pleadings.

E-Z Way1 is a Tampa, Florida organization engaged in the production, sale and installation of radio and television towers for use in transmitting and receiving broadcasts. The Secretary's complaint for injunction charged E-Z Way with failing to pay the minimum statutory wage for regular and...

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