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D A & S OIL WELL SERVICING, INC. v. MITCHELL

No. 5965.

262 F.2d 552 (1958)

D A & S OIL WELL SERVICING, INC., a corporation, Appellant, v. James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellee.

United States Court of Appeals Tenth Circuit.

December 19, 1958.

Attorney(s) appearing for the Case

U. M. Rose, Hobbs, N. M. (Lawrence H. Johnson, Hobbs, N. M., was with him on the brief), for appellant.

Bessie Margolin, Asst. Solicitor, and Norman D. Schwartz, Atty., U. S. Dept. of Labor, Washington, D. C. (Stuart Rothman, Solicitor, Washington, D. C., and Earl Street, Regional Atty., Dallas, Tex., were with them on the brief), for appellee.

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

PICKETT, Circuit Judge.

The Secretary of Labor brought this action to enjoin the defendant-employer from violating the provisions of Section 15(a) (2) and 15(a) (5) of the Fair Labor Standards Act of 1938, as amended.1 His complaint was based upon the employer's failure to pay additional compensation to employees who drove trucks which transported equipment and other employees to and from the place where the work was performed. The case...

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