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MITCHELL v. DENTON

Nos. 15323, 15324.

224 F.2d 596 (1955)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. Marion G. DENTON and Valedia W. Denton, d/b/a Marden Manufacturing Company, Appellee.

United States Court of Appeals Fifth Circuit.

July 22, 1955.

Attorney(s) appearing for the Case

Stuart Rothman, Solicitor, Sylvia S. Ellison, Morton J. Marks, Attys., U. S. Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., Birmingham, Ala., Miss Bessie Margolin, Asst. Solicitor Dept. of Labor, Washington, D. C., for appellant.

A. R. Surles, Jr., H. P. Trawick, Jr., Lakeland, Fla., for appellee.

Before RIVES and CAMERON, Circuit Judges, and DAWKINS, District Judge.

RIVES, Circuit Judge.

Actions brought by the Secretary of Labor under Section 16(c) of the Fair Labor Standards Act as amended, 29 U. S.C.A. § 216(c), to recover overtime compensation due under Section 7 of the Act, 29 U.S.C.A. § 207, to three former employees of the appellees, were tried to a jury which returned a general verdict for defendants, appellees. The questions on appeal are: (1) whether the district court erred in refusing to direct a verdict...

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