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MITCHELL v. HODGES CONTRACTING COMPANY

Civ. A. No. 445.

136 F.Supp. 854 (1955)

James P. MITCHELL, Secretary of Labor, U. S. Department of Labor, Plaintiff, v. HODGES CONTRACTING COMPANY, a corporation, and Kenneth B. Hodges, President, and as an individual, Defendants.

United States District Court M. D. Georgia, Albany Division.

December 15, 1955.

Attorney(s) appearing for the Case

Norman H. Winston, Sanford H. Palmer, U. S. Dept. of Labor, Birmingham, Ala., for plaintiff.

H. H. Perry, Jr., Peacock, Perry, Kelley & Walters, George W. Smoak, Albany, Ga., for defendants.

DAVIS, Chief Judge.

This is an action by the Secretary of Labor seeking to enjoin Hodges Contracting Company, a corporation, and Kenneth B. Hodges, from violating the overtime and record-keeping provisions of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The case was tried to the Court without a jury.

The defendants are engaged in the general contracting business in Albany, Georgia, and the Court has jurisdiction of the parties and subject...

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