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HOME NEWS PUBLISHING COMPANY v. UNITED STATES

No. 20479.

329 F.2d 191 (1964)

HOME NEWS PUBLISHING COMPANY, Inc., and Jay Morton, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 12, 1964.

Attorney(s) appearing for the Case

Irving M. Wolff, Miami, Fla., for appellants.

Donald E. Stone, Asst. U. S. Atty., Miami, Fla., Jerry H. Opack, Atty., Dept. of Justice, Herbert J. Miller, Jr., Asst. Atty. Gen., William A. Meadows, Jr., U. S. Atty., Dept. of Justice, Washington, D. C., for appellee.

Before TUTTLE, Chief Judge, and PHILLIPS and JONES, Circuit Judges.

TUTTLE, Chief Judge.

This appeal from a conviction of the appellants of a four count information, charging violation of the wage and hour and record keeping provisions and interstate shipment in violation of wage and hour requirements provisions of the Wage and Hour Laws, presents primarily an attack on the jurisdiction of the trial court by reason of the active conduct of the trial by attorneys for the Department of Labor rather than by a duly appointed United States...

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