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MITCHELL v. MORMANDO BROS. CO.

134 F.Supp. 707 (1955)

James P. MITCHELL, Secretary of Labor, Plaintiff, v. MORMANDO BROS. CO., Inc., Angelo Mormando and Thomas Mormando, Defendants.

United States District Court S. D. New York.

September 19, 1955.

Attorney(s) appearing for the Case

Stuart Rothman, Sol., Washington, D. C., John A. Hughes, Regional Atty., New York City, Joseph D. Breitbart, Asst. Regional Atty., U. S. Dept. of Labor, New York City, for plaintiff, Joseph D. Breitbart, New York City, of counsel.

Frank L. Coppola, New York City, for defendants.

HERLANDS, District Judge.

This is an action to enjoin defendants permanently from violating the provisions of Section 15(a) (1, 2, 5) of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 215(a) (1, 2, 5).

Plaintiff charges that defendant company is a New York corporation engaged in the production, sale and distribution of salvaged materials; that the individual defendants are, within the meaning of the Act, the "employers" responsible for the keeping...

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