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WALLING v. AMIDON

Civil Action No. 767.

59 F.Supp. 294 (1945)

WALLING, Adm'r of Wage and Hour Division, U. S. Dept. of Labor, v. AMIDON.

District Court, D. Colorado.

March 10, 1945.

Attorney(s) appearing for the Case

Douglas B. Maggs and Archibald Cox, both of Washington, D. C., Reid Williams, of Kansas City, Mo., David S. Polier, of Washington, D. C., Herman Corenman, and Joseph I. Nachman, of Washington, D. C., for plaintiff.

McHendric, Burris & Pointer and William T. Burris, all of Pueblo, Colo., for defendant.

SYMES, District Judge.

This matter was submitted to the court on final hearing on an agreed statement of facts. Each party has filed a brief. It appears the defendant for many years has been the sole owner and operator of a business and manufacturing plant in Pueblo, Colorado, producing and selling sand and gravel, employing six men.

The plant consists of a sand and gravel screening and mixing plant on the Fountain River at Pueblo. From a sand pit on the nearby...

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