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GOLDBERG v. W. HARLEY MILLER, INCORPORATED

Civ. A. No. 232-M.

197 F.Supp. 509 (1961)

Arthur J. GOLDBERG, Secretary of Labor, United States Department of Labor, Plaintiff, v. W. HARLEY MILLER, INCORPORATED, a corporation, Defendant.

United States District Court N. D. West Virginia.

May 25, 1961.

Attorney(s) appearing for the Case

Charles Donahue, Sol., Washington, D. C., Jeter S. Ray, Regional Atty., Percy H. Green, Atty., United States Department of Labor, Office of Solicitor, Nashville, Tenn., Robert E. Maxwell, U. S. Atty., Northern District of West Virginia, Fairmont, W. Va., for plaintiff.

Lacy I. Rice and Lacy I. Rice, Jr., Martinsburg, W. Va., for defendant.

CHARLES F. PAUL, District Judge.

Plaintiff brought this action to recover unpaid weekly overtime compensation alleged to be due nine former employees of the defendant under the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C.A. § 201 et seq.) hereinafter referred to as the Act.

Both parties have moved for summary judgment under Rule 56(a) and (b), 28 U.S.C.A., based on the pleadings, stipulations elicited in pre-trial conference, and the...

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