Walling v. Nashville, C. & St. L. Ry.

HICKS, Circuit Judge.

Appellee, The Nashville, Chattanooga & St. Louis Railway, is an interstate common carrier of passengers for hire. It operates in the States of Tennessee, Alabama, Georgia and Kentucky, and maintains offices, shops, yards and terminals at various places over its system and employs approximately 12,000 people.

On December 19, 1944, appellant filed his complaint against appellee under Sec. 17 of the Fair Labor Standards Act, c. 676, 52 Stat. 1060, 29 U.S.C.A. § 201 et seq.; to restrain appellee from violating Sections 15(a) (2) and 15(a) (5) of the Act. The complaint alleged…