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MITCHELL v. WHITAKER HOUSE COOPERATIVE, INC.

No. 5513.

275 F.2d 362 (1960)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Plaintiff, Appellant, v. WHITAKER HOUSE COOPERATIVE, INC., et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

March 2, 1960.

Attorney(s) appearing for the Case

Sylvia S. Ellison, Attorney, Washington, D. C., with whom Harold C. Nystrom, Acting Solicitor of Labor, Bessie Margolin, Asst. Solicitor, William Massar, Attorney, Washington, D. C., and Thomas L. Thistle, Regional Atty., Melrose, Mass., were on brief, for appellant.

Philip S. Bird, Waterville, Maine, with whom Bird & Bird, Waterville, Maine, was on brief, for appellees.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

HARTIGAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Maine entered for the defendants after a trial before the court sitting without a jury.

The action was brought by the Secretary of Labor under Section 11(a) of the Fair Labor Standards Act of 1938, 52 Stat. 1066 (1938), 29 U.S.C.A. § 211 (a), to enjoin defendants from violating certain provisions of the Act. The complaint, in the parts pertinent...

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