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MITCHELL v. SUNSHINE DEPARTMENT STORES, INC.

No. 18549.

292 F.2d 645 (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. SUNSHINE DEPARTMENT STORES, INC., and Harry Sunshine, Appellees.

United States Court of Appeals Fifth Circuit.

July 26, 1961.

Attorney(s) appearing for the Case

Bessie Margolin, Asst. Sol. of Labor, Jacob I. Karro and Isabelle R. Capello, Attys., U. S. Dept. of Labor, Harold C. Nystrom, Acting Sol. of Labor, Beate Bloch, Atty., U. S. Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., Birmingham, Ala., for appellant.

John L. Westmoreland, Jr., John L. Westmoreland, Atlanta, Ga., for appellees.

Before TUTTLE, Chief Judge, and JONES and WISDOM, Circuit Judges.

TUTTLE, Chief Judge.

The three actions involved in this case, which were consolidated for trial, were instituted by the former Secretary of Labor under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. One of these actions was brought under Section 17 of the Act to enjoin the defendant, Harry Sunshine,1 from violating its minimum wage, overtime, and recordkeeping provisions. The other two actions were brought under Section 16...

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