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WALLING v. BLACK DIAMOND COAL MINING CO.

No. 84.

59 F.Supp. 348 (1943)

WALLING, Administrator, Wage and Hour Division, United States Department of Labor, v. BLACK DIAMOND COAL MINING CO. et al.

District Court, W. D. Kentucky, Owensboro.

March 4, 1943.

Attorney(s) appearing for the Case

Irving J. Levy, Acting Sol., and Mortimer B. Wolf, Asst. Sol., both of Washington, D. C., Jeter S. Ray, Regional Atty., and John L. Young, Associate Atty., both of Nashville, Tenn., for plaintiff.

W. J. Webb, of Mayfield, Ky., and T. J. Sparks, of Greenville, Ky., for defendants.

SWINFORD, District Judge.

The plaintiff is the Administrator of the Wage and Hour Division of the Department of Labor. The defendants, employers of labor, are the receiver, in a state court proceeding, of the Black Diamond Coal Company, and the Black Diamond Coal Company.

The plaintiff seeks to enjoin alleged violations of the provisions of Section 15(a) (2) and 15(a) (5) of the Fair Labor Standards Act of 1938, 52 Statutes 1060, 29 U.S.C.A. § 201 et...

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