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WALLING v. PORTLAND TERMINAL CO.

No. 230 — Civil.

61 F.Supp. 345 (1945)

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

District Court, D. Maine, S. D.

June 18, 1945.

Attorney(s) appearing for the Case

George W. Jansen, Supervising Atty., Office of Solicitor, Dept. of Labor, of Washington, D. C., and Harry A. Tuell, Dept. of Labor, of Boston, Mass., for plaintiff.

Leonard A. Pierce and Cook, Hutchinson, Pierce & Connell, all of Portland, Me., for defendant.

PETERS, District Judge.

In this action the plaintiff seeks to have the defendant enjoined from violating the sections of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., relating to the payment of minimum wages and the keeping of records. Sections 15(a) (2) and 15(a) (5).

The defendant denies the applicability of the statute in the situation disclosed. The principal question raised involves the employment status of certain applicants for positions...

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