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WALLING v. NORTHWESTERN-HANNA FUEL CO.

Civ. No. 747.

67 F.Supp. 833 (1946)

WALLING v. NORTHWESTERN-HANNA FUEL CO.

District Court, D. Minnesota, Third Division.

October 3, 1946.

Attorney(s) appearing for the Case

James M. Miller, Regional Atty., and Richard R. Converse, Atty., Wage and Hour Division, Department of Labor, both of Minneapolis, Minn., for plaintiff.

Pierce Butler, Jr., and E. G. Vaughan (of Doherty, Rumble, Butler, Sullivan & Michell), both of St. Paul, Minn., for defendant.

DONOVAN, District Judge.

Plaintiff, as Administrator of the Wage and Hour Division, United States Department of Labor, brought this action to enjoin claimed violations by defendant of the Fair Labor Standards Act of 1938, §§ 15(a) (2) and 15(a) (5), 29 U.S.C.A. §§ 215(a) (2) and 215(a) (5), hereinafter referred to as the Act.

Defendant denies plaintiff's allegation of coverage and affirmatively alleges that the employees embraced in the...

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