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MITCHELL v. HERTZKE

No. 5237.

234 F.2d 183 (1956)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. A. R. HERTZKE, Lawrence Hertzke, and Luverne Hertzke, doing business as A. R. Hertzke & Sons, Kuner-Empson Company, a corporation, A. Carson and Lawrence Rodriguez, Appellees.

United States Court of Appeals Tenth Circuit.

May 18, 1956.

Attorney(s) appearing for the Case

Bessie Margolin, Washington, D. C. (Stuart Rothman, Sylvia S. Ellison, Eugene R. Jackson, Washington, D. C., Harper Barnes, Kansas City, Mo., were with her on the brief), for appellant.

Charles J. Beise, Denver, Colo. (James A. Woods and George C. Keely, Denver, Colo., were with him on the brief), for appellees Kuner-Empson Co. and A. Carson.

Before BRATTON, Chief Judge, and HUXMAN and PICKETT, Circuit Judges.

HUXMAN, Circuit Judge.

This action was instituted by the Secretary of Labor under Section 17 of the Fair Labor Standards Act, 29 U.S.C.A. § 217, to enjoin appellees from violating the child labor and record keeping provisions of that Act.

The appellees fall into three groups. (1) A. R. Hertzke, Lawrence Hertzke and Luverne Hertzke, doing business as A. R. Hertzke & Sons, at the time of the alleged violations of the Act were growing snap beans upon...

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