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FACTORY STORES COMPANY OF CLEVELAND v. McCOMB

No. 10879.

179 F.2d 238 (1949)

FACTORY STORES COMPANY OF CLEVELAND, a corporation, Appellant, v. William R. McCOMB, Administrator of the Wage and Hour Division, United States Department of Labor, Appellee.

United States Court of Appeals Sixth Circuit.

December 14, 1949.

Attorney(s) appearing for the Case

Luther Day, Earl W. LeFever, Cleveland, Ohio, Martin E. Blum, Cleveland, Ohio, for appellant.

Bessie Margolin, Assistant Solicitor, Washington, D. C., and A. A. Caghan, Regional Attorney, United States Department of Labor, Cleveland, Ohio (William S. Tyson, Solicitor, William A. Lowe and Joseph D. Mladinov, Attorneys, United States Department of Labor, Washington, D. C., on the brief), for appellee.

Before HICKS, Chief Judge, and MARTIN and MILLER, Circuit Judges.

PER CURIAM.

This cause came on to be heard before this court on October 21, 1949, at which time it was suggested that, if a bill pending in Congress should be enacted, the appropriate course here would probably be to direct a remand of the cause to the District Court and that, accordingly, it might be well for the court to withhold decision until Congress should act upon the pending bill.

The pending bill referred to was enacted by Congress on October 26,...

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