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WALLING v. MUTUAL WHOLESALE FOOD & SUPPLY CO.

No. 548.

46 F.Supp. 939 (1942)

WALLING, Administrator of Wage and Hour Division, United States Department of Labor, v. MUTUAL WHOLESALE FOOD & SUPPLY CO. et al.

District Court, D. Minnesota, Fourth Division.

August 25, 1942.

Attorney(s) appearing for the Case

Donald M. Murtha and James M. Miller, both of Minneapolis, Minn., and Roy C. Frank, of Washington, D. C. (Warner W. Gardner, Irving J. Levy, Mortimer B. Wolf, and Edward J. Fruchtman, all of Washington, D. C., of counsel), for plaintiff.

R. H. Fryberger, of Minneapolis, Minn. (George M. Burditt, of Chicago, Ill., of counsel), for defendants.

NORDBYE, District Judge.

While the facts are not particularly involved, a detailed summary seems necessary. Some years ago, a so-called chain stores operation under the name of C. Thomas Stores Sales System, Inc., was organized. Shortly prior to the commencement of this action, the corporate name was changed by amendment to C. Thomas Stores, Inc., and at the trial hereof, it was agreed that the pleadings might be amended accordingly. Therefore, the title herein has...

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