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149 F.2d 152

Docket Nos. 9929, 9930.

Walling v. Crown Overall Mfg. Co.

Sixth Circuit Court of Appeals

Decided May 7, 1945.

Sixth Circuit Court of Appeals · decided 1945-05-07

2 counsel of record

Applies 29 U.S.C. § 217

Relies on Walling v. Jacksonville Paper Co. · Reconstruction Finance Corp. v. J. G. Menihan Corp. · Walling v. Mutual Wholesale Food & Supply Co.

Opinion by (per_curiam) · Decided 1945-05-07

¶1*153Douglas B. Maggs, of Washington, D. C., and Charles A. Reynard, of Cleveland, Ohio, for Walling, Adm’r.

¶2Paxton & Seasongood, of Cincinnati, Ohio, for Crown Overall Mfg. Co.

¶3Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.

¶4PER CURIAM.

¶5This case came on to be heard upon the record, briefs, and oral argument of counsel.

¶6And it appearing that the cause was referred to a special master, who after extensive hearings made comprehensive findings of fact which were approved by the District Court; and no clear mistake appearing;

¶7And it appearing that the District Court did not err in holding that new employees are entitled to be paid the minimum wage for each week of employment during which a substantial part of such employees’ activities relates to goods moving in interstate commerce, Walling v. Jacksonville Paper Co., 317 U.S. 564, 572, 63 S.Ct. 332, 87 L.Ed. 460; Walling v. Mutual Wholesale Food & Supply Co., 8 Cir., 141 F.2d 331 ;

¶8And it appearing that the Administrator of the Wage and Hour Division is not immune from liability for costs, Title 29 U.S.C., Sec. 217, Sec. 215, Sec. 204(b), 29 U.S.C.A. §§ 217, 215, 204(b); Reconstruction Finance Corporation v. J. G. Menihan Corporation, 312 U.S. 81, 83, 85, 61 S.Ct. 485, 85 L.Ed. 595; and no reversible error appearing in the record:

¶9It is ordered that the judgment of the District Court be, and it hereby is, affirmed.

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