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DOMENICO v. MITCHELL

No. 5190.

232 F.2d 112 (1956)

John A. DOMENICO, doing business as Denver Vegetable Gardens, Appellants, v. James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 16, 1956.

Attorney(s) appearing for the Case

Howard Roepnack, Arvada, Colo. (Patricia H. Maloy, Denver, Colo., on the brief), for appellant.

Reid Williams, Denver, Colo. (Stuart Rothman, Sol., Bessie Margolin, Asst. Sol., Sylvia S. Ellison and Harold S. Saxe, Attys. for U. S. Dept. of Labor, Washington, D. C., and Harper Barnes, Regional Atty., Kansas City, Mo., on the brief), for appellee.

Before BRATTON, Chief Judge, HUXMAN, Circuit Judge, and MELLOTT, District Judge.

HUXMAN, Circuit Judge.

The Secretary of Labor brought this action against John A. Domenico, doing business as Denver Vegetable Gardens, to enjoin alleged violations of the Fair Labor Standards Act.1 The trial court made findings of fact and conclusions of law finding Domenico had violated provisions of the Act and based thereon entered judgment enjoining future violations.

Domenico is engaged in the purchasing, receiving, handling...

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