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TOBIN v. PENNINGTON-WINTER CONST. CO.

No. 4443.

198 F.2d 334 (1952)

TOBIN, Secretary of Labor, v. PENNINGTON-WINTER CONST. CO., Inc.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 2, 1952.

Attorney(s) appearing for the Case

Bessie Margolin, Asst. Sol., United States Department of Labor, Washington, D. C. (William S. Tyson, Sol., William A. Lowe and Sylvia S. Ellison, Attys., United States Department of Labor, Washington, D. C., and Earl Street, Regional Atty., United States Department of Labor, Dallas, Tex., were with her on the brief), for appellant.

H. L. Douglass, Oklahoma City, Okl. (Sylvanus G. Felix and John J. Griffin, Oklahoma City, Okl., were with him on the brief), for appellee.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

This was an action by Maurice J. Tobin, as United States Secretary of Labor, to compel compliance on the part of Pennington-Winter Construction Company, Inc., the appellee, with the over-time compensation provisions of the Fair Labor Standards Act of 1938,1 with respect to laborers employed by it under its contract for work to be performed on what is known as the Tenkiller Ferry Dam. It is conceded that there was...

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