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TOBIN v. RAMEY

No. 14370.

205 F.2d 606 (1953)

TOBIN, Secretary of Labor, v. RAMEY.

United States Court of Appeals Fifth Circuit.

June 30, 1953.

Attorney(s) appearing for the Case

Harry N. Routzohn, Solicitor, Bessie Margolin, Asst. Sol., William A. Lowe and Sylvia S. Ellison, Attys., U. S. Dept. of Labor, Washington, D. C., and Earl Street, Reg. Atty., Dallas, Tex., for appellant.

Robert E. Leake, Jr., New Orleans, La., Deutsch, Kerrigan & Stiles, New Orleans, La., for appellee.

Before HOLMES, BORAH and RIVES, Circuit Judges.

HOLMES, Circuit Judge.

Appellant brought this action to enjoin appellee from violating the overtime and record-keeping provisions of the Fair Labor Standards Act, 29 U.S.C.A. §§ 207(a), 211 (c), and 215(a) (2), (5). The district court denied this relief because it found that appellee's employees were not within the coverage of the Act. As the trial court said, there is little or no dispute as to the facts. It is conceded that appellee did not comply, as...

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