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MITCHELL v. MITCHELL TRUCK LINE, INC.

No. 18412.

286 F.2d 721 (1961)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. MITCHELL TRUCK LINE, INC., Appellee.

United States Court of Appeals Fifth Circuit.

January 31, 1961.

Attorney(s) appearing for the Case

Robert E. Nagle, Atty., Dept. of Labor, Washington, D. C., Earl Street, Atty., Dept. of Labor, Dallas, Tex., Bessie Margolin, Asst. Sol., Harold C. Nystrom, Acting Sol., Dept. of Labor, Washington, D. C., for appellant.

J. Edwin Smith, Arthur F. Thomson, Houston, Tex., Smith & Lehmann, Houston, Tex., of counsel, for appellee.

Before CAMERON and BROWN, Circuit Judges, and HANNAY, District Judge.

JOHN R. BROWN, Circuit Judge.

We deal here with the problem of the sufficiency of proof of damages for underpayment of minimum wages and overtime under the Fair Labor Standards Act, 29 U.S.C.A. §§ 201-219. The District Court, being of the strong view that fixing some dollar amount would involve speculation, dismissed the actions altogether despite the convincing showing that some work was regularly done without compensation as required by the Act. We disagree...

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