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MITCHELL v. STEINMETZ

Civ. A. Nos. 867-869, 871.

175 F.Supp. 761 (1959)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Plaintiff, v. G. C. STEINMETZ, J. H. Shoffner, T. C. Warr, C. W. Brega and E. C. Walton, co-partners, doing business as Highway Service Company, Defendants. James P. MITCHELL, Secretary of Labor, United States Department of Labor, Plaintiff, v. G. C. STEINMETZ, J. H. Shoffner, and Roy Harris, co-partners, doing business as Tennessee Postal Service, Defendants. James P. MITCHELL, Secretary of Labor, United States Department of Labor, Plaintiff, v. G. C. STEINMETZ, J. H. Shoffner, Roy Harris, and T. C. Warr, co-partners, doing business as Postal Transport Service, Defendants. James P. MITCHELL, Secretary of Labor, United States Department of Labor, Plaintiff, v. POSTAL SERVICE, INC., a corporation, Defendant.

United States District Court S. D. Georgia, Augusta Division.

March 6, 1959.

Attorney(s) appearing for the Case

Stuart Rothman, Solicitor, Washington, D. C., Beverly R. Worrell, Regional Atty., and Lawrence B. Sheffield, Jr., Atty., U. S. Dept. of Labor, Birmingham, Ala., for plaintiffs.

Harris, Chance & McCracken, Attys., Augusta, Ga., for defendants.

SCARLETT, District Judge.

These matters are before me on defendants' motions to dismiss based on the allegations of the plaintiff's complaints and will be disposed of in one opinion.

The complaint in Civil Action No. 871 alleges in substance that the defendant is engaged in the transportation by motor vehicles of mail between Montgomery and Dothan, Alabama; between Montgomery, Alabama, and Waycross, Georgia; between Louisville, Kentucky, and St. Louis, Missouri...

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