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MITCHELL v. DOOLEY BROS., INC.

Nos. 5670, 5686.

286 F.2d 40 (1960)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Plaintiff, Appellant, v. DOOLEY BROS., INC., Defendant, Appellee. Herbert KLETJIAN, d/b/a University Cleaning Co., Defendant, Appellant v. James P. MITCHELL, Secretary of Labor, United States Department of Labor, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

December 19, 1960.

Attorney(s) appearing for the Case

No. 5670:

Bessie Margolin, Asst. Sol., Washington, D. C., with whom Harold C. Nystrom, Acting Sol. of Labor, Washington, D. C., Thomas L. Thistle, Regional Atty., Boston, Mass., and Beate Bloch, Washington, D. C., Attorney, on brief, for appellant.

Joseph Fisher, Boston, Mass., with whom Maurice Caro, Boston, Mass., on brief, for appellee.

No. 5686:

George A. McLaughlin, Walter H. McLaughlin and Charles S. McLaughlin, Boston, Mass., on brief, for appellant.

Judah Best, Attorney, Washington, D. C., with whom Harold C. Nystrom, Acting Sol. of Labor, Bessie Margolin, Asst. Solicitor, Jacob I. Karro, Attorney, Washington, D. C., and Thomas L. Thistle, Regional Attorney, Boston, Mass., on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

These two cases brought by the Secretary of Labor under the Fair Labor Standards Act, 29 U.S.C.A. §§ 201-219, involve identical issues and similar facts and should have been heard together. Before we realized this we permitted the Secretary to argue the one later filed first, and the other the following month. We treat them in one opinion. It was agreed that the defendants in both cases failed to meet the act's requirements for overtime...

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