Opinion
No. 9415.
June 1, 1943.
Appeal from the District Court of the United States for the Eastern District of Tennessee; George C. Taylor, Judge.
W.O. Lowe, of Knoxville, Tenn., for appellant.
Egerton, McAfee Clarke, of Knoxville, Tenn., for appellee.
Irving J. Levy and Bessie Margolin, both of Washington, D.C., and Jeter S. Ray, of Nashville, Tenn., for Wage and Hour Division, as amicus curiæ.
Before HICKS, SIMONS, and ALLEN, Circuit Judges.
This cause was heard upon the transcript of the record, briefs and arguments of counsel; on consideration whereof, it is ordered and adjudged that the order appealed from be and the same is in all things affirmed upon the authority of A.B. Kirschbaum Co. v. Walling, 316 U.S. 517, 62 S.Ct. 1116, 86 L.Ed. 1638; and Johnson v. Dallas Downtown Development Co., 5 Cir., 132 F.2d 287.