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SHEPPARD v. CORNELIUS

Nos. 604, 605.

194 F.Supp. 823 (1961)

Russell SHEPPARD, Plaintiff, v. Barney CORNELIUS, trading as Barney Coal Company, and Leckie Smokeless Coal Company, a corporation, Defendants. Ray E. RHODES, Plaintiff, v. Joe COSTA, trading as Joe Costa Coal Company and Leckie Smokeless Coal Company, a corporation, Defendants.

United States District Court S. D. West Virginia.

June 21, 1961.

Attorney(s) appearing for the Case

James K. Edmundson, Beckley, W. Va., for plaintiff.

George Richardson, Jr., Bluefield, W. Va., and Joseph M. Holt, Lewisburg, W. Va., for defendants.

FIELD, District Judge.

These two cases, similar in nature, have been consolidated for trial. The complaints allege that these actions arise under the provisions of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., all parties being citizens of West Virginia. The complaints charge that for some years prior to January 2, 1959, the corporate defendant, hereinafter referred to as "Leckie," caused bituminous coal to be mined from its lands for shipment in interstate...

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