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WALLING v. R. L. McGINLEY CO.

Civil Action No. 198.

74 F.Supp. 988 (1944)

WALLING, Administrator of Wage and Hour Division, U. S. Dept. of Labor, v. R. L. McGINLEY CO.

District Court, E. D. Tennessee, at Knoxville.

January 8, 1944.

Attorney(s) appearing for the Case

Gerard D. Reilly, Sol., and Irving J. Levy, Associate Sol., both of Washington, D. C., Charles H. Livengood, Jr., Regional Atty., of Durham, N. C., Jeter S. Ray, Regional Atty., and Glenn M. Elliott, both of Nashville, Tenn., Hugh McCloskey, Supervising Atty., of Washington, D. C., Douglas B. Maggs, Sol., of Durham, N. C., James F. Scott, Associate Atty., of Canton, Ill., Warner W. Gardner, Sol., Roy C. Frank, Asst. Sol., William S. Tyson, Sol., and Bessie Margolin, Associate Sol., all of Washington, D. C., and Beverley R. Worrell, Regional Atty., and F. Marshall Neilson, Atty., both of Birmingham, Ala., for plaintiff.

Egerton, McAfee & Clarke (later Egerton, McAfee & Armistead) of Knoxville, Tenn., for defendant R. L. McGinley Co.

TAYLOR, District Judge.

This is an action to enjoin defendant from further claimed and partly conceded violations of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq.

The facts are largely stipulated, and as to those not stipulated there is no serious conflict. The question is rather whether under the facts the employees as to whom there is no stipulation come under the coverage of the Act. The defendant admits violations of record keeping...

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