Mitchell v. E-Z Way Towers, Inc.

269 F.2d 126 (5th Cir. 1959)

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Nature of the Case

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Facts

Mitchell (P), the Secretary of Labor, filed a complaint against E-Z (D) under Fair Labor Standards for failing to pay minimum wage for regular and overtime hours and for selling goods manufactured under such conditions in interstate commerce. D motioned for a more definite statement and a dismissal based on a failure to state a claim. P refused to amend the complaint, and it was dismissed. P appealed.