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WIRTZ v. MANCHESTER SAND, GRAVEL & CEMENT CO.

Civ. A. 2300.

236 F.Supp. 885 (1964)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, v. MANCHESTER SAND, GRAVEL & CEMENT CO., Inc., Manchester Paving Company, Inc., Parker H. Rice and John H. Rice.

United States District Court D. New Hampshire.

September 28, 1964.

Attorney(s) appearing for the Case

Thomas L. Thistle, S. Anthony diCiero, Austin N. Horowitz, Albert H. Ross, Boston, Mass., for plaintiff.

Devine, Millimet & McDonough by Joseph A. Millimet and John S. Holland, Manchester, N. H., for defendants.

CONNOR, District Judge.

This is a suit to enjoin the defendant corporations from violating the provisions of Sections 15(a) (1), 15(a) (2), and 15(a) (5) of the Fair Labor Standards Act of 1938 (52 Stat. 1060, as amended; 29 U.S.C. § 201 et seq.), hereinafter called the Act. Upon the close of all the evidence, the defendants made an oral motion to dismiss, on the ground that the truckers here involved were not "employees" within the meaning of the Act. It was...

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