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UNITED STATES v. WINEGAR

No. 5749.

254 F.2d 693 (1958)

UNITED STATES of America, Appellant, v. Keith L. WINEGAR, individually and doing business as Intermountain Oil Distributors, Appellee.

United States Court of Appeals Tenth Circuit.

April 19, 1958.

Attorney(s) appearing for the Case

B. Jenkins Middleton, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., A. Pratt Kesler, U. S. Atty., Salt Lake City, Utah, and Morton Hollander, Atty., Dept. of Justice, Washington, D. C., were with him on the brief), for appellant.

Calvin L. Rampton, Salt Lake City, Utah, was on the brief for appellee.

Before BRATTON, Chief Judge, PICKETT, Circuit Judge, and RICE, District Judge.

BRATTON, Chief Judge.

Invoking pertinent provisions of the so-called Walsh-Healey Act, 49 Stat. 2036, as amended, 41 U.S.C.A. § 35 et seq., the United States instituted this action against Keith L. Winegar, individually and doing business as Intermountain Oil Distributors, to recover liquidated damages for failure and refusal to pay overtime rates of compensation for overtime work. It was pleaded in the complaint that the Government awarded to the defendant five...

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