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MITCHELL v. BRANDTJEN & KLUGE, INCORPORATED

No. 4996.

228 F.2d 291 (1955)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Plaintiff, Appellant, v. BRANDTJEN & KLUGE, Incorporated, Defendant, Appellee.

United States Court of Appeals First Circuit.

December 15, 1955.

Attorney(s) appearing for the Case

Bessie Margolin, Asst. Solicitor, Washington, D. C., with whom Stuart Rothman, Solicitor, Harry A. Tuell, Atty., Washington, D. C., and Thomas L. Thistle, Regional Atty., Boston, Mass., were on brief, for appellant.

David W. Kelley, Boston, Mass., with whom Peter D. Cole, Badger, Pratt, Doyle & Badger, Boston, Mass., and Felhaber & Larson, St. Paul, Minn., were on brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

MAGRUDER, Chief Judge.

In this case the Secretary of Labor filed a complaint seeking an injunction against defendant-appellee forbidding the corporation from violating the overtime provisions of § 7 of the Fair Labor Standards Act of 1938, as amended. 52 Stat. 1063, 63 Stat. 912, 29 U.S.C.A. § 207. The district court found that the wage payments which defendant had been making to its employees in question, in weeks in which any of them worked more than 40...

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