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GOLDBERG v. NOLLA, GALIB & CIA

Nos. 5741, 5747.

291 F.2d 371 (1961)

Arthur J. GOLDBERG, Secretary of Labor, United States Department of Labor, Plaintiff, Appellant, v. NOLLA, GALIB & CIA., Defendant, Appellee. Arthur J. GOLDBERG, Secretary of Labor, United States Department of Labor, Plaintiff, Appellant, v. FIVE BORO CONSTRUCTION CORPORATION, Defendant, Appellee.

United States Court of Appeals First Circuit.

June 15, 1961.

Attorney(s) appearing for the Case

Beate Bloch, Attorney, Washington, D. C., with whom Harold C. Nystrom, Acting Sol. of Labor, Bessie Margolin, Asst. Sol., Washington, D. C., and Kenneth P. Montgomery, Regional Attorney, San Juan, P. R., were on briefs, for appellant in each case.

Jorge Souss, San Juan, P. R., with whom Blanco Lugo & Souss, San Juan, P. R., was on brief, for appellee in Case No. 5741.

Anthony J. Siminerio, New York City, with whom Joseph N. Friedman, New York City, was on brief, for appellee in Case No. 5747.

Before MAGRUDER, HARTIGAN and ALDRICH, Circuit Judges.

MAGRUDER, Circuit Judge.

These two cases, which involve essentially the same point, were argued together on appeal and may be disposed of by a single opinion. In each, a complaint was filed by the Secretary of Labor requesting that the defendant be enjoined from violating the minimum wage and overtime provisions of the Fair Labor Standards Act of 1938. 29 U.S.C.A. § 201 et seq. The United States District Court for the District of Puerto Rico entered judgments...

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