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MITCHELL v. OVERNITE TRANSPORTATION COMPANY

No. C-23-G-58.

176 F.Supp. 399 (1959)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Plaintiff, v. OVERNITE TRANSPORTATION COMPANY, Incorporated, Defendant.

United States District Court M. D. North Carolina, Greensboro Division.

September 10, 1959.

Attorney(s) appearing for the Case

Stuart Rothman, Sol., U. S. Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty. U. S. Dept. of Labor, Birmingham, Ala., M. J. Parmenter, Atlanta, Ga., and Edwin G. Salyers, Birmingham, Ala., Attys., U. S. Dept. of Labor, for plaintiff.

Blakeney, Alexander & Machen and Ernest W. Machen, Jr., Charlotte, N. C., for defendant.

STANLEY, District Judge.

The plaintiff, James P. Mitchell, Secretary of Labor, United States Department of Labor, brings this action to enjoin the defendant, Overnite Transportation Company, Incorporated, from violating the overtime and record keeping provisions of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq.

The defendant admits that its employees are engaged in commerce within the meaning of the Fair Labor Standards Act, but asserts that...

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