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JENKINS v. DURKIN

Nos. 14643, 14644.

208 F.2d 941 (1954)

JENKINS v. Martin P. DURKIN, Secretary of Labor (two cases).

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 10, 1954.

Attorney(s) appearing for the Case

Harry S. Baxter, Wm. B. Spann, Jr., Atlanta, Ga., Thomas T. Purdom, Decatur, Ga., Smith, Kilpatrick, Cody, Rogers & McClatchey, Atlanta, Ga., of counsel, for appellant.

Thomas T. Purdom, Decatur, Ga., Wm. B. Spann, Jr., Alston, Sibley, Miller, Spann & Shackelford, Atlanta, Ga., for Georgia Cotton Ginners Ass'n, as amicus curiae.

Sylvia S. Ellison, Atty., Bessie Margolin, Asst. Sol., Stuart Rothman, Sol., Harold S. Saxe, Atty., Department of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., Department of Labor, Birmingham, Ala., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and BORAH, Circuit Judges.

HUTCHESON, Chief Judge.

Alleging that as to five watchmen employees, defendant had been violating and would continue to violate the minimum wage and overtime provisions of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. as to them, and that there was due them back wages, the Secretary of Labor brought these suits, one to enjoin further violations, the other to recover the back wages due.

The claim was that these five watchmen were engaged in the...

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