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DONOVAN v. BRANDEL

No. 83-1228.

736 F.2d 1114 (1984)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. Jerry BRANDEL, Individually, and d/b/a Jerry Brandel Farms, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 15, 1984.

Attorney(s) appearing for the Case

Paula W. Coleman, Joseph M. Woodward, U.S. Dept. of Labor, Linda Jan S. Pack, Claire White (argued), Washington, D.C., Michael A. Alaimo, U.S. Dept. of Labor, Cleveland, Ohio, for plaintiff-appellant.

Walter Urick, Urick & Monton, Hart, Mich., Richard M. Van Orden (argued), Tolley, Fisher & Verwys, Grand Rapids, Mich., for defendants-appellees.

Before KENNEDY and JONES, Circuit Judges, and CHURCHILL, District Judge.

CHURCHILL, District Judge.

This is an appeal from an order denying the Secretary of Labor's ("Secretary") complaint for an injunction against violations of the Fair Labor Standards Act of 1938, 29 U.S.C. § 201-219 ("FLSA"). The Secretary claimed that the defendant Jerry Brandel, individually and doing business as Jerry Brandel Farms ("Brandel"), had since 1974 continually violated the child labor1 and recordkeeping

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