MITCHELL v. STRICKLAND TRANSPORTATION COMPANY

No. 17563.

267 F.2d 821 (1959)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. STRICKLAND TRANSPORTATION COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

June 9, 1959.


Attorney(s) appearing for the Case

Jack I. Karro, Atty., Dept. of Labor, Washington, D. C., Bessie Margolin, Asst. Sol., Dept. of Labor, Washington, D. C., Earl Street, Regional Atty., Dept. of Labor, Dallas, Tex., Stuart Rothman, Sol., Washington, D. C., for appellant.

Ralph W. Currie, Dallas, Tex., Currie, Kohen & Freeman, Dallas, Tex., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and WISDOM, Circuit Judges.


TUTTLE, Circuit Judge.

This is an appeal from a judgment denying an injunction against violation of the overtime and record-keeping provisions of the Wage and Hour Law, and dismissing appellant's complaint. This is technically the second appearance of this case in this Court. In its earlier appearance, 5 Cir., 228 F.2d 124, we reversed a judgment of the trial court which had held that a night watchman was an independent contractor...

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