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WIRTZ v. HARDIN & COMPANY

Civ. A. No. 63-481.

253 F.Supp. 579 (1964)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff, v. HARDIN & COMPANY, Inc., a corporation, Piggly Wiggly of Attalla, Inc., a corporation, Piggy Wiggly of East Gadsden, Inc., a corporation, Piggly Wiggly of Fort Payne, Inc., a corporation, Piggly Wiggly of Scottsboro, Inc., a corporation, Piggly Wiggly of Centre, Inc., a corporation, and Mary G. Hardin, Defendants.

United States District Court N. D. Alabama, M. D.

March 3, 1964.

Attorney(s) appearing for the Case

Charles Donahue, Solicitor, Beverley R. Worrell, Regional Attorney, Norman H. Winston, Associate Regional Attorney, and Floyd G. Ansley, Attorney, United States Department of Labor, Birmingham, Ala., for plaintiff.

Lusk, Swann & Burns, Gadsden, Ala., and Cabaniss, Johnston, Gardner & Clark, Birmingham, Ala., for defendants.

LYNNE, Chief Judge.

FINDINGS OF FACT

This action 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 enjoin alleged violations of the provisions of Sections 15(a) (2) and 15(a) (5) of the Act and to enjoin the withholding of payment of minimum wages and overtime compensation allegedly due employees of the defendants. The issues raised by the complaint are whether...

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