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TOBIN v. JOHNSON

No. 126.

100 F.Supp. 491 (1951)

TOBIN, Secretary of Labor, v. JOHNSON et al.

United States District Court, W. D. Missouri, W. D.

September 14, 1951.

Attorney(s) appearing for the Case

William S. Tyson, Solicitor of Labor, John J. Babé, Asst. Sol., Washington, D. C., Reid Williams, Regional Atty., and William C. Cull, Atty., Kansas City, Mo., for plaintiff.

Charles F. Lamkin, Jr. (of Warrick, Brewer & Lamkin) Kansas City, Mo., for defendants.

DUNCAN, District Judge.

Plaintiff instituted this action against the defendants to enjoin them from violating the provisions of § 15(a) (2) and 15(a) (5) of the Fair Labor Standards Act of 1938, Act of June 25, 1938, c. 676, 52 Stat. 1060, U.S.C.A., Title 29, § 201 et seq.

The essential facts are not in dispute. The defendants own and operate rock quarries at Carrollton and several other places in the State of Missouri, and produce quarry run rock...

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