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McCOMB v. AIBEL

Civ. No. 10470.

100 F.Supp. 752 (1951)

McCOMB v. AIBEL et al.

United States District Court E. D. New York.

October 23, 1951.

Attorney(s) appearing for the Case

William S. Tyson, Sol., Washington, D. C., John A. Hughes, Regional Atty., Henry J. Easton, Associate Atty., New York City, U. S. Dept. of Labor, for plaintiff.

Silver & Bernstein, George H. Kaplan, New York City, for defendants.

GALSTON, District Judge.

There are two motions to be disposed of, made by the plaintiff, for summary judgment and to vacate a notice for taking depositions.

The action seeks to enjoin the defendants from violating the provisions of sections 15(a)(1) and 15(a)(5) of the Fair Labor Standards Act of 1938, U.S.C.A., Title 29, § 201 et seq. It is alleged that the defendants are co-partners, doing business under the trade name French Textile Company, and own...

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