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MITCHELL v. S. A. HEALY COMPANY

No. 12777.

284 F.2d 39 (1960)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. S. A. HEALY COMPANY, an Ohio corporation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Petition for Rehearing Denied November 29, 1960.

Attorney(s) appearing for the Case

Daniel M. Healy, Walter C. Healy, James L. Fox, Chicago, Ill., Healy, Newby, Barrett & Healy, Chicago, Ill., of counsel, for appellant.

Harold C. Nystrom, Bessie Margolin, U. S. Department of Labor, Washington, D. C., Herman Grant, Chicago, Ill., Beate Bloch, Attorney, United States Department of Labor, Washington, D. C., for appellee.

Before HASTINGS, Chief Judge, and SCHNACKENBERG and CASTLE, Circuit Judges.

Petition for Rehearing En Banc Denied November 29, 1960.

SCHNACKENBERG, Circuit Judge.

In an attempt to compel S. A. Healy Company, an Ohio corporation, defendant, to pay compensation at overtime rates for work performed in excess of 40 hours per week, James P. Mitchell, Secretary of Labor of the United States Department of Labor, plaintiff, filed this action for injunction in the district court, under § 15(a) (2) of the Fair Labor Standards Act of 1938...

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