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GOLDBERG v. THOMPSON

No. 18577.

287 F.2d 421 (1961)

Arthur J. GOLDBERG, Secretary of Labor, United States Department of Labor, Appellant, v. John H. THOMPSON d/b/a Thompson Truck & Equipment Company, Appellee.

United States Court of Appeals Fifth Circuit.

February 28, 1961.

Attorney(s) appearing for the Case

Jacob I. Karro, Deputy Asst. Sol., Bessie Margolin, Asst. Sol., Washington, D. C., Earl Street, Reg. Atty., D. of L., Dallas, Tex., Harold C. Nystrom, Acting Solicitor of Labor, Judah Best, Washington, D. C., Harry Campbell, Jr., Acting Regional Atty., Dallas, Tex., for appellant.

Howard Carney, Atlanta, Tex., for appellee.

Before TUTTLE, Chief Judge, HUTCHESON, Circuit Judge, and CLAYTON, District Judge.

TUTTLE, Chief Judge.

This is an appeal by the Secretary of Labor from a judgment denying an injunction prohibiting the appellee from violating the minimum wage or overtime compensation and record-keeping provisions of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq.

The appellant, recognizing the function of the trial court to resolve disputed questions of fact, nevertheless contends that it is without...

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