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MITCHELL v. BIRKETT

No. 16568.

286 F.2d 474 (1961)

James P. MITCHELL, Secretary of Labor, etc., Appellant, v. M. L. BIRKETT et al., Appellees.

United States Court of Appeals Eighth Circuit.

January 12, 1961.

Attorney(s) appearing for the Case

Beate Bloch, Atty., U. S. Dept. of Labor, Washington, D. C., for appellant; Bessie Margolin, Asst. Sol., and Harold C. Nystrom, Acting Sol., U. S. Dept. of Labor, Washington, D. C., and Earl Street, Regional Atty., U. S. Dept. of Labor, Dallas, Tex., on the brief.

Edgar E. Bethell, Fort Smith, Ark., for appellees; Bethell & Pearce, Fort Smith, Ark., on the brief.

Before WOODROUGH, VAN OOSTERHOUT and MATTHES, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is an action by the Secretary of Labor to recover from the defendants minimum wages and overtime compensation alleged to be due five of defendants' employees under the provisions of Sections 6 and 7 of the Fair Labor Standards Act of 1938, as amended.1

After a trial upon the merits to the court, final judgment was entered dismissing the complaint. The Secretary has taken this timely appeal from...

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