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WALLING v. ROCKTON & RION R. R.

No. 339.

54 F.Supp. 342 (1944)

WALLING, Administrator of Wage and Hour Division, United States Department of Labor, v. ROCKTON & RION R. R.

District Court, W. D. South Carolina, Rock Hill Division.

February 29, 1944.

Attorney(s) appearing for the Case

George A. Downing, Regional Atty., Department of Labor, and Dakyns B. Stover, Associate Atty., Department of Labor, both of Atlanta, Ga. (Douglas B. Maggs, Sol., Archibald Cox, Associate Sol., and Hugh McCloskey, Supervising Atty., all of Washington, D. C., and Vincent A. Burns, of Boston, Mass., Atty., on the brief), for plaintiff.

Hemphill & Hemphill, of Chester, S. C., and Julian L. Johnson, of Columbia, S. C., for defendant.

WYCHE, District Judge.

This is a suit to enjoin the defendant from violating provisions of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., as to the payment of minimum wages and overtime compensation, and the maintenance of proper records. Defendant denies the material allegations of the complaint, and as to the charge of overtime violations, asserts that it has no obligation to pay such because of an exemption provided in section 13(b) (2), 29 U.S.C...

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