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MITCHELL v. ROMA

No. 12780.

265 F.2d 633 (1959)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. Emilio ROMA, Jr., Maria Roma, Frank Roma, Jr., and Catherine Roma, Partners Doing Business as F. Roma & Bros., Appellees.

United States Court of Appeals Third Circuit.

Decided April 14, 1959.

Attorney(s) appearing for the Case

Jacob I. Karrow, Washington, D. C. (Stuart Rothman, Solicitor, Bessie Margolin, Assistant Solicitor, United States Department of Labor, Washington, D. C., Ernest N. Votaw, Regional Atty., Chambersburg, Pa., on the brief), for appellant.

Abraham L. Freedman, Philadelphia, Pa. (Louis Lipschitz, Philadelphia, Pa., Seymour Kurland, Wolf, Block, Schorr and Solis-Cohen, Philadelphia, Pa., on the brief), for appellees.

Before McLAUGHLIN and HASTIE, Circuit Judges, and MORRILL, District Judge.

MORRILL, District Judge.

Involved here is the question of the extent of what has been called the informer's privilege (in reality the government's privilege). Charging the defendants with violations of the Fair Labor Standards Act1, the plaintiff seeks injunctive relief.

The business of the defendants is operating and keeping clean lavatories, washrooms and barber shops in some stations...

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