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HODGSON v. AMERICAN CAN COMPANY, DIXIE PRODUCTS

Civ. A. No. 2039.

317 F.Supp. 152 (1970)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff, v. AMERICAN CAN COMPANY, DIXIE PRODUCTS, a Corporation, Defendant.

United States District Court, W. D. Arkansas, Fort Smith Division.

September 23, 1970.

Attorney(s) appearing for the Case

Beverley R. Worrell, Regional Sol., Dept. of Labor, Atlanta, Ga., for plaintiff.

Bethell, Stocks, Callaway & King, Fort Smith, Ark., for defendant.

OPINION

JOHN E. MILLER, Senior District Judge.

There is before the court defendant's motion filed September 17, 1970, under Rule 12(h) (3) to dismiss for lack of subject matter jurisdiction and alternately for relief from judgment under Rule 60(b) and for rehearing under Rule 59. In the consideration of this motion and for a clear understanding of the issues, it is necessary to briefly refer to the record.

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