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MARSHALL-WELLS CO. v. HAWLEY

No. 223.

53 F.Supp. 295 (1942)

MARSHALL-WELLS CO. v. HAWLEY et al.

District Court, D. Minnesota, Fifth Division.

August 4, 1942.

Attorney(s) appearing for the Case

Thomas M. McCabe (of McCabe, Gruber & Clure), of Duluth, Minn., for plaintiff.

Samuel Lipschultz (of Lipschultz & Lipschultz) of St. Paul, Minn., for defendants.

NORDBYE, District Judge.

Plaintiff seeks to obtain a declaratory judgment declaring and determining that its two employees, Clyde Hawley and Walter Roginski, are bona fide executives within the meaning of Section 13(a) (1) of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 213(a) (1), and within the meaning of Section 541.1 of the Regulations issued by the Administrator. Certain union officials are made parties hereto by reason of the fact that such union...

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