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WALLING v. SILVER FLEET MOTOR EXPRESS

No. 828.

67 F.Supp. 846 (1946)

WALLING, Administrator of Wage and Hour Div., U. S. Dept. of Labor, v. SILVER FLEET MOTOR EXPRESS, Inc.

District Court, W. D. Kentucky, Louisville Division.

September 20, 1946.

Attorney(s) appearing for the Case

William S. Tyson, Acting Sol., and Jeter S. Ray, Asst. Sol., both of Washington, D. C., Glenn M. Elliott, Acting Regional Atty., of Nashville, Tenn., George W. Jansen, Supervising Atty., of Washington, D. C., and David V. Manker, Atty., and John L. Young, Associate Atty., both of Nashville, Tenn., all of Department of Labor, for plaintiff.

James E. Fahey and Skaggs, Hays & Fahey, all of Louisville, Ky., for defendant.

MILLER, Circuit Judge.

This action was brought by the plaintiff, Administrator of the Wage and Hour Division, under Section 17 of the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 201-219, to restrain the defendant, Silver Fleet Motor Express, Inc., from violating the provisions of Sections 15(a) (2) and 15 (a) (5) of the Act, 29 U.S.C.A. §§ 215(a) (2) and 215(a) (5). Those sections provide that it shall be unlawful for any person to violate...

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