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MITCHELL v. CALDWELL

No. 5599.

249 F.2d 10 (1957)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. Joe P. CALDWELL, Appellee.

United States Court of Appeals Tenth Circuit.

October 26, 1957.

Attorney(s) appearing for the Case

Eugene R. Jackson, Atty., U. S. Dept. of Labor, Washington, D. C. (Stuart Rothman, Sol., Bessie Margolin, Asst. Sol., Sylvia S. Ellison, Atty., Washington, D. C., and Earl Street, Regional Atty., U. S. Dept. of Labor, Dallas, Tex., on the brief), for appellant.

John Barksdale, Okmulgee, Okl. (D. F. Rainey, Okmulgee, Okl., on the brief), for appellee.

Before BRATTON, Chief Judge, and PHILLIPS and BREITENSTEIN, Circuit Judges.

BRATTON, Chief Judge.

Pursuant to the authority vested in him by the Fair Labor Standards Act, as amended, 29 U.S.C.A. § 201 et seq., the Secretary of Labor instituted this action against Joe P. Caldwell, engaged in business under the trade name Caldwell Enterprises, to recover for T. R. Harwell overtime pay in the amount of $1,203.50 alleged to be due under the act. The court found among other things that the defendant...

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