MITCHELL v. HOOPER CONSTRUCTION COMPANY

No. 17268.

265 F.2d 281 (1959)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. HOOPER CONSTRUCTION COMPANY, Inc., and Clemens Construction Company, Appellees.

United States Court of Appeals Fifth Circuit.

April 1, 1959.


Attorney(s) appearing for the Case

Bessie Margolin, Asst. Solicitor, Dept. of Labor, Washington, D. C., Stuart Rothman, Solicitor, Dept. of Labor, Washington, D. C., Sylvia S. Ellison, Beate Bloch, Attorneys, United States Department of Labor, Washington, D. C., Beverley R. Worrell, Regional Attorney, Birmingham, Ala., for appellant.

Robert M. Brake, Coral Gables, Fla., Turner, Hendrick, Fascell & Brake, Coral Gables, Fla., for appellee Hooper Const. Co., Inc.

R. D. Maxwell, Jr., H. Barrow Cagle, Miami, Fla., for Clemens Const. Co.

Before RIVES and TUTTLE, Circuit Judges, and SIMPSON, District Judge.


PER CURIAM.

In this appeal from a dismissal by the trial court of appellant's Wage and Hour injunction suit, the Secretary of Labor complains, among other things, of the failure of the trial court to permit the proper development of his case by the introduction of relevant evidence.

A reading of the record demonstrates so clearly the validity of appellant's contention that we do not now get to the merits of the appeal. The trial commenced with an attempt by...

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