MITCHELL v. RILEY

No. 18790.

296 F.2d 614 (1961)

James P. MITCHELL, Secretary of Labor, United States Department of Labor (Arthur J. Goldberg, Secretary of Labor, substituted as party appellant in the place and stead of James P. Mitchell, resigned), Appellant), v. Perry RILEY, Appellee.

United States Court of Appeals Fifth Circuit.

December 7, 1961.


Attorney(s) appearing for the Case

Bessie Margolin, Asst. Sol., Jacob I. Karro, Atty., Dept. of Labor, Washington, D. C., Beverley R. Worrell, Reg. Atty., Dept. of Labor, Birmingham, Ala., Charles Donahue, Sol. of Labor, Jack H. Weiner, Attorneys, Dept. of Labor, Washington, D. C., for appellant.

Alan F. Rothschild, J. Madden Hatcher, Columbus, Ga., C. C. Torbert, Jr., Yetta G. Samford, Jr., Opelika, Ala., Hatcher, Smith, Stubbs & Rothschild, Columbus, Ga., Samford & Torbert, Opelika, Ala., for appellee.

Before HUTCHESON, RIVES, and WISDOM, Circuit Judges.


WISDOM, Circuit Judge.

The Secretary of Labor brought this action under Section 16(c) of the Fair Labor Standards Act, 29 U.S.C.A. § 201-219, to recover unpaid minimum wages for four claimants employed by the defendant. The defendant did not contest the applicability of the Act, and the only issue below was whether the claimants had been paid at least a dollar an hour as required by Section 6 of the Act. At the close of the evidence, the trial judge directed...

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