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TOBIN v. LA DUKE

No. 12778.

190 F.2d 677 (1951)

TOBIN, Secretary of Labor, v. LA DUKE.

United States Court of Appeals Ninth Circuit.

July 9, 1951.

Attorney(s) appearing for the Case

William S. Tyson, Solicitor, U. S. Department of Labor, Bessie Margolin, Asst. Solicitor, and William A. Lowe, Leonard Appel, Attorneys, all of Washington, D. C., Kenneth C. Robertson, Regional Attorney, San Francisco, Cal., for appellant.

Sidney A. Milligan, Neil Brown, Eugene, Or., for appellee.

Before MATHEWS, STEPHENS, and HEALY, Circuit Judges.

PER CURIAM.

In 1941 the district court permanently enjoined appellee from violating the overtime compensation and record-keeping provisions of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. In 1949 appellant instituted proceedings to have appellee adjudged in civil contempt of the injunction by paying less than the overtime wages required by Section 7 of the Act to three lumber loaders, and by failing to keep wage and hour records for these three...

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