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IN RE SOUTHWEST EQUIPMENT RENTAL, INC.

Bankruptcy No. 1-88-00033, Adv. No. 1-88-0030, No. CIV-1-88-109.

102 B.R. 132 (1989)

In re SOUTHWEST EQUIPMENT RENTAL, INC. d/b/a Southwest Motor Freight, Debtor. C. Kenneth STILL, Trustee of Southwest Equipment Rental, Inc. d/b/a Southwest Motor Freight, Plaintiff, v. CONGRESS FINANCIAL CORPORATION (SOUTHERN), Defendant.

United States District Court, E.D. Tennessee, S.D.

May 4, 1989.

Attorney(s) appearing for the Case

Gary R. Patrick, Chattanooga, Tenn., for plaintiff.

Kyle R. Weems, Chattanooga, Tenn., C. Edward Dobbs, Atlanta, Ga., for defendant.

MEMORANDUM

EDGAR, District Judge.

The defendant, Congress Financial Corporation (hereinafter "Congress"), seeks the dismissal of the trustee's action for injunctive relief and the recovery of unpaid wages allegedly due and owing to employees of the debtor, Southwest Equipment Rental, Inc., doing business as Southwest Motor Freight (hereinafter "Southwest"). The trustee filed this action seeking a remedy pursuant to the Fair Labor Standards Act minimum wage...

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