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HODGSON v. SQUARE D COMPANY

Nos. 71-1231, 71-1232.

459 F.2d 805 (1972)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee and Cross-Appellant, v. SQUARE D COMPANY, a corporation, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

May 9, 1972.

Attorney(s) appearing for the Case

Herbert P. Wiedemann, Milwaukee, Wis., for Square D Co.; John W. Brahm, Milwaukee, Wis., on brief.

Bessie Margolin, Dept. of Labor, Washington, D. C., and Marvin Tincher, Dept. of Labor, Nashville, Tenn., for James D. Hodgson; Peter G. Nash, Sol. of Labor, Bessie Margolin, Associate Sol., Carin Ann Clauss, Bobbye D. Spears, Leroy M. Jahn, Attys., United States Dept. of Labor, Washington, D. C., Marvin Tincher, Regional Atty., Nashville, Tenn., on brief.

Before EDWARDS, PECK and KENT, Circuit Judges.

KENT, Circuit Judge.

This is an appeal by Square D Company (Company), and a cross-appeal by the Secretary of Labor (Secretary), from a judgment of the District Court finding that the Company had violated the provisions of 29 U.S.C. §§ 206(d)(1) and (3):

"(d)(1) No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of...

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