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HODGSON v. CHARLES MARTIN INSPECTORS OF PETROLEUM, INC.

No. 71-1888.

459 F.2d 303 (1972)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. CHARLES MARTIN INSPECTORS OF PETROLEUM, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 25, 1972.

Attorney(s) appearing for the Case

Peter G. Nash, Sol. of Labor, Dept. of Labor, Washington, D.C., M.J. Parmenter, Regional Sol., Truett E. Bean, Atty., Dept. of Labor, Dallas, Tex., Bessie Margolin, Sol. of Labor, Carin Ann Clauss, Dept. of Labor, Washington, D.C., Jacob I. Karro, Mack A. Player, Attys., U.S. Dept. of Labor, Washington, D.C., for plaintiff-appellant.

James M. Neel, Houston, Tex., Louis Norris, New York City, Richard R. Brann, Houston, Tex., for appellee, Chas. Martin Inspectors of Petroleum, Inc.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

RONEY, Circuit Judge:

The Secretary of Labor brought suit against defendant under § 17 of the Fair Labor Standards Act for violation of the minimum wage, overtime and record keeping provisions of the Act. The district court dismissed the action when the Secretary, relying on the so-called "informer's privilege," refused to produce certain statements which had been taken from employees of the defendant. Finding that under the circumstances of this case the Secretary...

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