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MITCHELL v. JAX BEER DISTRIBUTORS OF BEAUMONT, INC.

No. 18227.

290 F.2d 24 (1961)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, (Arthur J. Goldberg, Secretary of Labor, substituted as party appellant in the place and stead of James P. Mitchell, resigned), Appellant, v. JAX BEER DISTRIBUTORS OF BEAUMONT, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 31, 1961.

Attorney(s) appearing for the Case

Sylvia S. Ellison, Atty., U. S. Dept. of Labor, Washington, D. C., Earl Street, Reg. Atty., U. S. Dept. of Labor, Dallas, Tex., Bessie Margolin, Asst. Sol., of Labor, Harold C. Nystrom, Acting Sol. of Labor, U. S. Dept. of Labor, Washington, D. C., for appellant.

James D. McNicholas, Keith, Mehaffy, McNicholas & Weber, Beaumont, Tex., for appellees.

Before RIVES, CAMERON and JONES, Circuit Judges.

JONES, Circuit Judge.

The appellant, the Secretary of Labor, brought a suit under Section 17 of the Fair Labor Standards Act,1 to enjoin violations of the minimum wage and record keeping provisions of the Act. The district court held that the Act had been violated but that the violations "were neither deliberate nor intentional," and injunctive relief was denied. Seeking a reversal of that decision...

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