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MITCHELL v. W.E. BELCHER LUMBER COMPANY

No. 18080.

279 F.2d 789 (1960)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. W. E. BELCHER LUMBER COMPANY, Inc., Brady Belcher and W. E. Belcher, Jr., Appellees.

United States Court of Appeals Fifth Circuit.

June 13, 1960.

Attorney(s) appearing for the Case

Sylvia S. Ellison, Chief of Appellate Litigation, Bessie Margolin, Asst. Sol. Dept. of Labor, Washington, D. C., Harold C. Nystrom, Acting Sol., John M. Brant, Attorney, United States Department of Labor, Washington, D. C., Beverley R. Worrell, Regional Attorney, Birmingham, Ala., for appellant.

C. V. Stelzenmuller, Birmingham, Ala., John D. McQueen, Jr., Tuscaloosa, Ala., George P. White, Centreville, Ala., McQueen & McQueen, Tuscaloosa, Ala., Burr, McKamy, Moore & Thomas, Birmingham, Ala., of counsel, for appellees.

Before HUTCHESON, TUTTLE, and JONES, Circuit Judges.

JONES, Circuit Judge.

The Secretary of Labor brought suit against W. E. Belcher Lumber Company, Inc., hereafter generally referred to as the Company, and two of its officers, to enjoin violations of the minimum wage provisions of the Fair Labor Standards Act,1 with respect to eleven persons who were, or were contended by the Secretary to be, employees of the Company. These eleven persons, so the...

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