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WIRTZ v. CHESAPEAKE BAY FROSTED FOODS CORPORATION

Civ. A. No. 751.

220 F.Supp. 586 (1963)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor (Sub Nom. Arthur J. Goldberg, Secretary of Labor, United States Department of Labor), Plaintiff, v. CHESAPEAKE BAY FROSTED FOODS CORPORATION, a corporation, Defendant.

United States District Court E. D. Virginia, at Newport News.

July 26, 1963.

Attorney(s) appearing for the Case

Roger T. Williams, Asst. U. S. Atty., Norfolk, Va., and Jeter S. Ray, Nashville, Tenn., for plaintiff.

Dunton, McLeod & Simmons, White Stone, Va., for defendant.

MICHIE, District Judge.

This action was brought on December 19, 1960 by the Secretary of Labor under the authority of 29 U.S.C.A. § 217 to enjoin the defendant from continuing alleged violations of the Fair Labor Standards Act (29 U.S.C.A. §§ 201-219). The defendant contends that it is within the so called "seafood exemption" of the Act and that it therefore has not violated the Act in any way. The controversy is essentially one of law since virtually...

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