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MITCHELL v. BASS

No. 15850.

252 F.2d 513 (1958)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. O. P. BASS, Sr., Nellie Maude Tolbert, Woodrow Wilkins, O. B. Clark, Mrs. C. E. Clark, Earle D. B. Garrison and Hayes Wilkins, Individually and Doing Business as Bass-Clark Lumber Company, Appellees.

United States Court of Appeals Eighth Circuit.

February 26, 1958.

Attorney(s) appearing for the Case

Sylvia S. Ellison, Atty., U. S. Dept. of Labor, Washington, D. C. (Stuart Rothman, Solicitor, Bessie Margolin, Asst. Solicitor, Washington, D. C., and Earl Street, Regional Atty., U. S. Dept. of Labor, Dallas, Tex., were with her on the brief), for appellant.

C. E. Wright, El Dorado, Ark. (J. K. Mahony, H. S. Yocum, Emon A. Mahony and Henry S. Yocum, Jr., El Dorado, Ark., were with him on the brief), for appellees.

Before SANBORN, JOHNSEN, and VAN OOSTERHOUT, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

The plaintiff, the Secretary of Labor, appeals from an order dismissing his petition brought under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., to enjoin defendants from violating the minimum wage, overtime, and record-keeping provisions of the Act. The dismissal was entered pursuant to Rule 37 (b) (2) (iii) of the Federal Rules of Civil Procedure, 28 U.S.C.A., which provides, among other things, that if a party refuses...

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