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MITCHELL v. INDEPENDENT ICE & COLD STORAGE COMPANY

Civ. A. Nos. 3466, 3536.

183 F.Supp. 686 (1960)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Plaintiff, v. INDEPENDENT ICE & COLD STORAGE COMPANY, Inc., a Corporation, and Dan Arias, Defendants (two cases).

United States District Court S. D. Florida, Tampa Division.

Motion for New Trial Denied May 10, 1960.

Attorney(s) appearing for the Case

M. J. Parmenter, Birmingham, Ala., Harold C. Nystrom, Acting Sol., Washington, D. C., Beverley R. Worrell, Regional Atty., Oliver M. Cooper, Jr., Atty., U. S. Dept. of Labor, Birmingham, Ala., for plaintiff.

Dixon, Flynn & Trigg, T. Paine Kelly, Jr., of MacFarlane, Ferguson, Allison & Kelly, Tampa, Fla., for defendants.

WHITEHURST, Chief Judge.

These actions were instituted by James P. Mitchell, as Secretary of Labor, pursuant to Section 216, Title 29 U.S.C.A., authorizing him to sue on behalf of employees for alleged unpaid wages under the Fair Labor Standards Act. Although different employees and different periods of employment were involved in the two actions, the same were consolidated for trial before a jury by agreement of the parties.

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