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GOLDBERG v. WARREN BROTHERS ROADS COMPANY

No. 7-52.

207 F.Supp. 99 (1962)

Arthur J. GOLDBERG, Secretary of Labor, United States Department of Labor v. WARREN BROTHERS ROADS COMPANY.

United States District Court D. Maine, S. D.

July 9, 1962.

Attorney(s) appearing for the Case

Thomas L. Thistle, Regional Attorney, U. S. Dept. of Labor, Albert H. Ross, Asst. Regional Atty., Boston, Mass., for plaintiff.

Roger A. Putnam, John A. Mitchell, Portland, Me., for defendant.

GIGNOUX, District Judge.

This action is brought under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. § 201 et seq., to enjoin violation of the overtime and record-keeping provisions of the Act. 29 U.S. C.A. §§ 207, 211(c), 215(a) (2) and (5), 217. The single issue presented is whether certain truckers whom defendant engages to transport materials used in its road-building operations are "employees"

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