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MITCHELL v. LIVINGSTON & THEBAUT OIL COMPANY

No. 16974.

256 F.2d 757 (1958)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. LIVINGSTON & THEBAUT OIL COMPANY, Inc., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 13, 1958.

Attorney(s) appearing for the Case

Bessie Margolin, Asst. Sol., Dept. of Labor, Washington, D. C., Stuart Rothman, Sol., Sylvia S. Ellison, Harry M. Leet, Attorneys, United States Department of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., Birmingham, Ala., for appellant.

William R. Frazier, Jacksonville, Fla., Hill & Frazier, James P. Hill, Jacksonville, Fla., for appellees.

Before CAMERON, JONES and BROWN, Circuit Judges.

JONES, Circuit Judge.

The Secretary of Labor brought suit against the appellee corporations charging them with violations of the overtime and record keeping provisions of the Fair Labor Standards Act of 1938, as amended. 29 U.S.C.A. § 201 et seq. An injunction against violations was sought and the complaint also incorporated a prayer for general relief.

Livingston & Thebaut Oil Company, Inc., supplied gasoline and other petroleum products to thirteen...

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