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MITCHELL v. LANCASTER MILK COMPANY

Civ. A. No. 6845.

185 F.Supp. 66 (1960)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Plaintiff, v. LANCASTER MILK COMPANY, Defendant.

United States District Court M. D. Pennsylvania.

July 6, 1960.

Attorney(s) appearing for the Case

Harold C. Nystrom, Acting Sol., Washington, D. C., Ernest N. Votaw, Regional Attorney, Marshall H. Harris, U. S. Dept. of Labor, Chambersburg, Pa., for plaintiff.

Arnold, Bricker, Beyer & Barnes, Lancaster, Pa., for defendant.

FOLLMER, District Judge.

This matter is presently before the Court on motions of the defendant to dismiss the action because the Complaint and "Amended Complaint" fail to state a claim against the defendant upon which relief can be granted, or, in the alternative, to dismiss the action for lack of jurisdiction.

On December 16, 1959, plaintiff filed a Complaint against defendant seeking to recover unpaid overtime compensation allegedly due Clyde Vanasdlen,...

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