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E.E.O.C. v. HOME OF ECONOMY, INC.

No. A2-81-167.

539 F.Supp. 507 (1982)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. HOME OF ECONOMY, INC., Defendant.

United States District Court, D. North Dakota, Northeastern Division.

May 20, 1982.

Attorney(s) appearing for the Case

Constance L. Dupre, Acting Gen. Counsel, James N. Finney, Assoc. Gen. Counsel, E. E. O. C., Washington, D. C., George H. Darden, Reg. Atty. Philip M. Jones, Sup. Trial Atty., Edwin L. Davis, Trial Atty., Glenn F. Younger, Trial Atty., E. E. O. C., Denver, Colo., for plaintiff.

Robert A. Feder, Pancratz, Kruger, Wold, Yuill & Johnson, Fargo, N. D., Garry A. Pearson, Pearson & Christensen, Grand Forks, N. D., for defendant.

MEMORANDUM AND ORDER

BENSON, Chief Judge.

Presently before the court is defendant Home of Economy, Inc.'s motion to dismiss plaintiff Equal Employment Opportunity Commission's (EEOC) cause of action pursuant to Fed.R.Civ.P. 12 or, in the alternative, Fed.R.Civ.P. 56. On October 29, 1981, the EEOC filed suit against Home of Economy alleging defendant has willfully violated sections 6(d)(1) and 15(a)(2) of the Fair Labor Standards Act of 1938, as amended,...

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