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FLEMING v. MILLER

No. 255.

47 F.Supp. 1004 (1942)

FLEMING, Administrator of Wage and Hour Division, United States Department of Labor, v. MILLER et al.

District Court, D. Minnesota, Third Division.

November 14, 1942.

Attorney(s) appearing for the Case

Warner W. Gardner, Sol., and Roy C. Frank, Asst. Sol., both of Washington, D. C., Donald M. Murtha, Regional Atty., of Minneapolis, Minn., and Lester M. Levin, Principal Atty., of Washington, D. C., all of Wage and Hour Division, United States Department of Labor, for plaintiff.

Doherty, Rumble, Butler, Sullivan & Mitchell, of St. Paul, Minn., and Feldman, Kittelle, Campbell & Ewing, of Washington, D. C., for defendants.

JOYCE, District Judge.

This matter is before the court on a motion by defendants to vacate, suspend or modify a consent decree entered herein on July 17, 1941, and to permit defendants to defend the proceeding on the merits.

The consent decree in question was entered against defendants pursuant to a stipulation between them and plaintiff. It ordered defendants to refrain from violating the Fair Labor Standards Act and to pay to their employees an amount of...

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