Mitchell v. Michigan-U. S. Industrial Glove & Laundry Co.

FREEMAN, District Judge.

The motion before the court arises out of an action brought by plaintiff, the Secretary of Labor, against the defendant pursuant to the Fair Labor Standards Act, 29 U.S.C.A. § 216(c), for an injunction against alleged violations of such Act.

In support of its motion to strike defendant’s demand for a jury trial, plaintiff urges that an action for an injunction brought pursuant to 29 U.S.C.A. § 216(c) is a purely equitable action and does not afford a right to trial by jury to either party.

Defendant concedes that as a general proposition, it would not be entitled to a…