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GOLDBERG v. M & K MANUFACTURING COMPANY

Civ. A. No. 7342.

230 F.Supp. 151 (1962)

Arthur J. GOLDBERG, Secretary of Labor, United States Department of Labor, Plaintiff, v. M & K MANUFACTURING COMPANY, Inc., a corporation, Defendant.

United States District Court D. Colorado.

March 1, 1962.

Attorney(s) appearing for the Case

Henry C. Mahlman, U. S. Dept. of Labor, Denver, Colo., appeared for plaintiff.

Robert A. Lehman, Denver, Colo., appeared for defendant.

DOYLE, District Judge.

The defendant has filed motions to dismiss and to strike. The former is based on the Court's lack of jurisdiction over the subject matter and failure to state a claim. One portion of the motion to strike is predicated on the same ground raised in the motion to dismiss, namely, that the statute on which the action was brought can be applied prospectively only. The second phase of the motion to strike proceeds on the point that any violations...

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