UNITED STATES v. OZMER

No. 12931.

181 F.2d 508 (1950)

UNITED STATES v. OZMER.

United States Court of Appeals Fifth Circuit.

April 28, 1950.


Attorney(s) appearing for the Case

Joseph Kovner, Atty., Claims Division, Dept. of Justice, Washington, D. C., J. Ellis Mundy, U. S. Atty., Atlanta, Ga., Herbert A. Ringel, Asst. U. S. Atty., Atlanta, Ga., Beverley R. Worrell, Regional Atty., Dept. of Labor, Birmingham, Ala., for appellant.

Augustine Sams, Atlanta, Ga., for appellee.

Before HUTCHESON, Chief Judge, and McCORD and WALLER, Circuit Judges.


McCORD, Circuit Judge.

This suit was brought by the United States against Joseph W. Ozmer, doing business as Ozmer Lumber Company, for the sum of $1,487.39, this amount being an alleged underpayment of wages to 127 employees of the defendant in violation of the Walsh-Healey Public Contracts Act. Title 41 U.S.C.A. § 35 et seq.

The material facts are practically without dispute. The main question presented is whether the amount of the contract between the...

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