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MITCHELL v. EMULSIFIED ASPHALT PRODUCTS CO.

Civ. A. No. 2179.

120 F.Supp. 804 (1954)

MITCHELL, Secretary of Labor v. EMULSIFIED ASPHALT PRODUCTS CO.

United States District Court E. D. Tennessee, N. D.

April 29, 1954.

Attorney(s) appearing for the Case

Stuart Rothman, Solicitor, William A. Lowe, Chief of Trial Litigation, U. S. Dept. of Labor, Washington, D. C., Jeter S. Ray, Reg. Atty., David V. Manker, Atty., Nashville, Tenn., for plaintiff.

H. H. Mc Campbell, Jr., Knoxville, Tenn., for defendant.

ROBERT L. TAYLOR, District Judge.

This is an action for injunction restraining defendant from violating 29 U.S.C.A. §§ 215(a)(2) and 215(a) (5), the violations alleged being failure to pay the minimum wage for a 40 hour week and time and one-half the regular wage for hours in excess of 40 per week and failure to keep records, as required by the Fair Labor Standards Act.

Plaintiff alleges that defendant is engaged in the use of material shipped to...

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