AUSTFORD v. GOLDBERG

Nos. 16665, 16666.

292 F.2d 234 (1961)

Mike AUSTFORD, Appellant, v. Arthur J. GOLDBERG, Secretary of Labor, United States Department of Labor, Appellee.

United States Court of Appeals Eighth Circuit.

June 29, 1961.


Attorney(s) appearing for the Case

Mart R. Vogel, Fargo, N. D., made argument for the appellant; Philip B. Vogel, Fargo, N. D., was on the brief for appellant.

Beate Bloch, Atty., U. S. Dept. of Labor, Washington, D. C., made argument for appellee. Charles Donahue, Solicitor of Labor, and Bessie Margolin, Asst. Solicitor of Labor, Washington, D. C., and Harper Barnes, Regional Atty., Dept. of Labor, Kansas City, Mo., were with Beate Bloch, Washington, D. C., on the brief.

Before JOHNSEN, Chief Judge, and WOODROUGH and MATTHES, Circuit Judges.


WOODROUGH, Circuit Judge.

These two actions, which were consolidated for trial, were brought by the Secretary of Labor1 under the Fair Labor Standards Act of 1938, as amended. (29 U.S.C.A. § 201 et seq.) No. 16,665 was under Section 17 of the Act to enjoin defendant employer from violating the Act's overtime requirements. No. 16,666 was under Section 16(c) of the Act to recover unpaid wages...

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