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MITCHELL v. BLANCHARD

No. 17801.

272 F.2d 574 (1959)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. Charles H. BLANCHARD, Appellee.

United States Court of Appeals Fifth Circuit.

December 14, 1959.

Attorney(s) appearing for the Case

Bessie Margolin, Asst. Sol., Dept. of Labor, Washington, D. C., Harold C. Nystrom, Acting Sol. of Labor, Jacob I. Karro, Attorney, U. S. Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Attorney, Birmingham, Ala., for appellant.

R. A. Hepner, of Fisher & Hepner, Pensacola, Fla., for appellee.

Before TUTTLE, BROWN and WISDOM, Circuit Judges.

TUTTLE, Circuit Judge.

This is another of those appeals by the Secretary of Labor from judgments denying an injunction against further violation of the overtime provisions of the Fair Labor Standards Act, 29 U.S. C.A. § 201 et seq., when the employer concedes past violations but undertakes to comply in the future.

The facts leading up to the filing of the present suit may be briefly summarized: During the two years immediately preceding the filing of...

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