MITCHELL v. HODGES CONTRACTING COMPANY

No. 15978.

238 F.2d 380 (1956)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. HODGES CONTRACTING COMPANY and Kenneth B. Hodges, Appellees.

United States Court of Appeals Fifth Circuit.

November 14, 1956.


Attorney(s) appearing for the Case

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

H. H. Perry, Jr., George W. Smoak, Peacock, Perry & Walters, Albany, Ga., for appellees.

Before HUTCHESON, Chief Judge, and BORAH and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

As narrowed by the evidence, the Secretary's suit for injunction, § 17, to compel compliance by the Employer, a general contractor in Albany, Georgia, with hours of work, rates of pay and record-keeping provisions of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., concerned itself with five isolated projects out of over 1100 separate jobs. The District Judge held three out of the five covered by the act — a decision...

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