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MITCHELL v. BLACK HILLS MERCANTILE COMPANY

Civ. No. 471-W.D.

123 F.Supp. 833 (1954)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Plaintiff, v. BLACK HILLS MERCANTILE COMPANY, a Corporation, Defendant.

United States District Court D. South Dakota, W. D.

September 13, 1954.

Attorney(s) appearing for the Case

William C. Cull, Acting Regional Atty., U. S. Department of Labor, Kansas City, Mo., for plaintiff.

Francis J. Parker, Deadwood, S. D., for defendant.

MICKELSON, District Judge.

Plaintiff brings this action to enjoin defendant from violating the provisions of Section 15(a) (1), (2) and (5), of the Fair Labor Standards Act of 1938, as amended by the Fair Labor Standards Amendment of 1949, 29 U.S.C.A. § 201 et seq.

The defendant is a small wholesale grocery company operating at Deadwood, South Dakota, which started in 1919 with two employees and presently employs twenty-one people.

While the evidence...

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