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FLEMING v. GREGORY

No. 397.

36 F.Supp. 776 (1941)

FLEMING, Adm'r of Wage and Hour Division, United States Department of Labor, v. GREGORY.

District Court, E. D. Louisiana, New Orleans Division.

January 21, 1941.

Attorney(s) appearing for the Case

Gerard D. Reilly and Irving J. Levy, both of Washington, D. C., and D. Douglas Howard, of New Orleans, La., for plaintiff.

K. K. Miazza, of New Orleans, La., for defendant.

CAILLOUET, District Judge.

The motion to dismiss the complaint, "on the ground that it does not set forth a cause of action upon which relief can be granted", is based upon the mover's contention that, by reason of the contract made and entered into with him by the United States for the carrying of the mails, as the same is alleged in paragraph 3 of the complaint, mover is a public agent of the United States in the discharge of his contractual obligations, and further...

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