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MITCHELL v. RIEGEL TEXTILE

No. 14404.

259 F.2d 954 (1958)

James P. MITCHELL, Secretary of Labor, Appellant, v. RIEGEL TEXTILE, Inc., et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided October 2, 1958.

Attorney(s) appearing for the Case

Mr. Arthur H. Fribourg, Atty., Dept. of Justice, with whom Asst. Atty. Gen. George C. Doub and Samuel D. Slade, Atty., Dept. of Justice, were on the brief, for appellant.

Mr. Llewellyn C. Thomas, Washington, D. C., for appellees. Mr. Richard H. Mayfield, Washington, D. C., also entered an appearance for appellees.

Before EDGERTON, Chief Judge, and WASHINGTON and DANAHER, Circuit Judges.

EDGERTON, Chief Judge.

A large number of textile mills asked the District Court, in 1953, to set aside and enjoin as illegal a minimum wage determination of the Secretary of Labor under the Walsh-Healey Act, 41 U.S.C. A. §§ 35-45.1 The District Court stayed the determination as to the plaintiffs and temporarily enjoined the Secretary from enforcing it against them. At the same time the court ordered that any plaintiff who entered...

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