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MITCHELL v. COLUMBIA AIR-O-BLIND COMPANY

Civ. A. No. 4848.

132 F.Supp. 553 (1955)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Plaintiff, v. COLUMBIA AIR-O-BLIND COMPANY, Inc., a corporation, Defendant.

United States District Court E. D. South Carolina, Columbia Division.

June 13, 1955.

Attorney(s) appearing for the Case

Beverley H. Worrell, Regional Atty., Birmingham, Ala., for plaintiff.

Zack McGhee, Columbia, S. C., for defendant.

TIMMERMAN, Chief Judge.

This is a suit brought by the Secretary of Labor in his capacity as Administrator of the Fair Labor Standards Act, § 201 et seq., Title 29, U.S.Code Annotated, to recover from the defendant unpaid overtime compensation alleged to be due the latter's employee, Carl H. Riewaldt.

The Court has before it three motions by the defendant: (1) for an order dismissing the action for lack of jurisdiction; (2) failing in the first, for an...

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