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WIRTZ v. WHEATON GLASS CO.

Civ. No. 53-66.

253 F.Supp. 93 (1966)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff, v. WHEATON GLASS CO., a New Jersey corporation, Defendant.

United States District Court D. New Jersey.

April 26, 1966.

Attorney(s) appearing for the Case

John A. Hughes, Regional Atty., Charles Donahue, Sol., Francis V. LaRuffa, Supervising Atty., and Mary E. Cerbone, New York City, for plaintiff United States Department of Labor.

Joseph B. Kauffman, Atlantic City, N. J., and Dilworth, Paxson, Kalish, Kohn & Dilks, Philadelphia, Pa., by Harold E. Kohn and Bruce W. Kauffman, Philadelphia, Pa., of counsel, for defendant.

COHEN, District Judge:

The sole issue presented here is whether defendant is entitled to a jury trial.

Examination of the pleadings discloses that the complaint was filed by the United States Secretary of Labor, under Section 17 of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201 et seq., seeking a permanent injunction against defendant Wheaton Glass Co., a New Jersey corporation, restraining it from violating the Act by reason of its...

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