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GOLDBERG v. FABER INDUSTRIES, INC.

No. 13238.

291 F.2d 232 (1961)

Arthur J. GOLDBERG, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. FABER INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

June 8, 1961.

Attorney(s) appearing for the Case

Charles Donahue, Solicitor, Robert E. Nagle, Attorney, U. S. Department of Labor, Washington, D. C., Herman Grant, U. S. Department of Labor, Chicago, Ill., Harold C. Nystrom, Bessie Margolin, U. S. Department of Labor, Washington, D. C., for appellant.

E. V. Champion, Peoria, Ill., Willard B. Gaskins, Peoria, Ill., for appellee.

Robert W. Ginnane, General Counsel, Interstate Commerce Commission, Washington, D. C., for amicus curiae.

Before DUFFY and KNOCH, Circuit Judges, and GRUBB, District Judge.

DUFFY, Circuit Judge.

This suit was brought by the Secretary of Labor under section 17 of the Fair Labor Standards Act of 1938 (as amended 29 U.S.C.A. § 201 et seq.) to restrain defendant from violating the Act's overtime provisions with respect to certain truck drivers in its employ (29 U.S.C.A. § 207).

The case was submitted upon a stipulation of facts. The District Court held the Interstate Commerce Commission has the power, under section 204...

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