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MITCHELL v. BROWN

No. 15258.

224 F.2d 359 (1955)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. Kenneth R. BROWN, doing business as Brown Engineering Company, Appellee.

United States Court of Appeals Eighth Circuit.

July 12, 1955.

Attorney(s) appearing for the Case

Sylvia S. Ellison, Atty., U. S. Department of Labor, Washington, D. C. (Stuart Rothman, Solicitor; Bessie Margolin, Asst. Sol.; Harry M. Leet, Atty., U. S. Department of Labor, and B. Harper Barnes, Regional Atty., Washington, D. C., were on the brief), for appellant.

Edgar Musgrave and Peter W. Janss, Des Moines, Iowa (Allen Whitfield and Gerald O. Patterson, Des Moines, Iowa, were with them on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and VOGEL, Circuit Judges.

WOODROUGH, Circuit Judge.

The Secretary of Labor brought this action to enjoin defendant Kenneth R. Brown, doing business as Brown Engineering Company, from violating Sections 15(a) (1) and 15(a) (2) of the Fair Labor Standards Act of 1938, as amended by the Fair Labor Standards Amendments of 1949, 29 U.S.C.A. § 201 et seq.1 The District Court had jurisdiction of the action by virtue of Section 17 of the Act, 29 U.S.C.A. § 217...

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