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HODGSON v. JACKSON

Civ. A. No. 72-C-22-C.

351 F.Supp. 291 (1972)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff, v. Jesse W. JACKSON and Ida Jackson, Individually and as Co-Owners, Doing Business as Jackson Home for Aged, formerly, Jackson's Rest Home, Defendants.

United States District Court, W. D. Virginia, Charlottesville Division.

November 13, 1972.

Attorney(s) appearing for the Case

Marvin Tincher, Dept. of Labor, Nashville, Tenn., and Leigh B. Hanes, Jr., U. S. Atty., Roanoke, Va., for plaintiff.

Ellen V. Nash, Nash & Edelson, Charlottesville, Va., for defendants.

RULING ON MOTION TO DISMISS

DALTON, District Judge.

Plaintiff filed a complaint with this court on August 31, 1972 to enjoin the defendants from violating the minimum wage and overtime compensation provisions of section 15(a)(2) and 15(a)(5) of the Fair Labor Standards Act of 1938, as amended [29 U.S.C.A. §§ 215(a)(2) and 215(a)(5)]. Plaintiff also seeks to restrain any withholding of payment of unpaid...

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