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FLEMING v. ATLANTIC CO.

No. 2274 C. A.

40 F.Supp. 654 (1941)

FLEMING v. ATLANTIC CO.

District Court, N. D. Georgia, Atlanta Division.

On Rehearing September 19, 1941.

Attorney(s) appearing for the Case

Gerard D. Reilly, Sol., Irving J. Levy, Asst. Sol. in charge of litigation, Abner Brodie, Edward J. Fruchtman, Erwin B. Ellmann, and Norman S. Altman, all of Washington, D. C., and George A. Downing, Regional Atty., of Atlanta, Ga., for plaintiff.

Spalding, Sibley, Troutman & Brock, Wm. K. Meadow, and W. J. Hobbs, all of Atlanta, Ga., for defendant.

RUSSELL, District Judge.

Philip B. Fleming, as Administrator of the Wage and Hour Division of the United States Department of Labor, filed a complaint seeking to enjoin the Atlantic Company from violating Sections 15(a) (1), 15 (a) (2), and 15(a) (5) of the Fair Labor Standards Act of 1938, U.S.C.A., Title 29, Sec. 201 et seq.

From the allegations of the petition and the evidence introduced in support thereof, it appears that the defendant is a Georgia corporation...

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