MITCHELL v. EMALA & ASSOCIATES, INC.

No. 7910.

274 F.2d 781 (1960)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. EMALA & ASSOCIATES, INC., Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 7, 1960.


Attorney(s) appearing for the Case

Beate Bloch, Atty., United States Dept. of Labor, Washington, D. C. (Harold C. Nystrom, Acting Solicitor of Labor, Bessie Margolin, Asst. Solicitor, Washington, D. C., and Ernest N. Votaw, Regional Atty., United States Dept. of Labor, Chambersburg, Pa., on brief), for appellant.

C. Victor McFarland, Baltimore, Md. (Leonard A. Vadala, and Vadala & McFarland, Baltimore, Md., on brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BOREMAN, Circuit Judges.


SOBELOFF, Chief Judge.

The Secretary of Labor brought an action against Emala & Associates, Inc., to recover for James L. Presson, one of its employees, unpaid overtime compensation allegedly due him. The defendant had contracted to supply fill dirt for the construction of improvements to the interstate highway system, namely, a section of the Baltimore County Beltway, adjacent to Baltimore City, and the approaches to the Golden Ring Bridge on the Pulaski Highway...

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