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MEMORANDUM served with process in conjmction with an injunctio proceedings filed earlier that moming by the Wage and Hour Tivision. The injmetion was filed wder Civil Docket #191 © on November 6, 1941. ‘The case was heard and the court dismissed the injunction complaint on July 1, 1942, Mr. BARBER pointed out that he was never able to ascertain to his satisfaction where the complaint was received from which caused the Wage and Hour Division to initiate an investigations further, that the company had never received any such complaint from any of the company's miners. He pointed out that in hand-loading mines in this area and all areas, the same procedure and same method of pay is followed; that due to the nature of hand-loading, coal miners cannot be paid by any other method as it would be impossible and impractical to make any other arrangement. He stated that he made an exhaustive search to attempt to find informtion as to where the Wage and Hour Division had ever filed any other similar injumction proceedings, but without success, Mr. BARBER advised that he felt that in view of the whole situation, and especially in view of the fact that CARL H. ELSHOFF, and the UMW probably through him, new the financial status of the Panther Creek Mines and the fact that they were burdemed with approxi- mately $400,000.00 indebtedness, caused this complaint to be made to the Wage and Hour Division immediately after negotiations with ELSHOIF failed at the price which ELSHOFF was willing to pay, in an attempt. to force Panther Creek Mines to sell. ye The above information is submitted in order that the Bureau and the Department may have the benefit of the same and determine whether or not they desire to have the Wage and Hour Division, tnited States Department of Labor, contacted for the purpose of determining whether or not the complaint in connection with this matter originated with the UMW and hence may be a part of the conspiracy between CARL H. ELSHOFF and UMF in instant case, Respectfully submitted, bso * ce Bureau (9) ¥ L Ore Springfield (3)