MITCHELL v. OWEN

Nos. 14161-14163, 14223.

292 F.2d 71 (1961)

James P. MITCHELL, Secretary of Labor, U. S. Department of Labor, Appellant, v. Clyde W. OWEN, an individual, d/b/a Clyde Owen Sand & Gravel Co., Appellee. James P. MITCHELL, Secretary of Labor, U. S. Department of Labor, v. Clyde W. OWEN.

United States Court of Appeals Sixth Circuit.

June 30, 1961.


Attorney(s) appearing for the Case

Robert E. Nagle, Dept. of Labor, Washington, D. C. (Harold C. Nystrom, Bessie Margolin, Washington, D. C., and Jeter S. Ray, Regional Atty., Nashville, Tenn., on the brief), for appellant.

Walter P. Armstrong, Jr., Memphis, Tenn. (of Armstrong, McCadden, Allen, Braden & Goodman), Memphis, Tenn., John Tipton (of Tipton & Tipton), Covington, Tenn., for appellee.

Before CECIL, WEICK and O'SULLIVAN, Circuit Judges.


O'SULLIVAN, Circuit Judge.

Appellee Owen, an individual engaged in the sand and gravel business in the State of Tennessee, was charged in the district court with violating the minimum wage, overtime compensation, and record keeping requirements of the Fair Labor Standards Act, 29 U.S.C.A. §§ 201-219. Owen, who employs some twenty workmen, mines, processes and sells sand, gravel and road gravel. His only place of business is located in Tennessee. All of his...

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