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WIRTZ v. B. A. C. STEEL PRODUCTS, INC.

No. 8672.

312 F.2d 14 (1962)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. B. A. C. STEEL PRODUCTS, INC., a corporation, and W. N. Bostic, Appellees.

United States Court of Appeals Fourth Circuit.

Decided December 15, 1962.

As Corrected January 24, 1963.

Attorney(s) appearing for the Case

Jacob I. Karro, Acting Asst. Sol., U. S. Dept. of Labor (Charles Donahue, Sol. of Labor, Jack H. Weiner, Atty., and Beverley R. Worrell, Regional Atty., U. S. Dept. of Labor, on brief), for appellant.

W. Ray Berry, Columbia, S. C. (Fulmer & Barnes, Columbia, S. C., on brief), for appellees.

Before SOPER and J. SPENCER BELL, Circuit Judges, and LEWIS, District Judge.

J. SPENCER BELL, Circuit Judge.

The plaintiff appeals from an order of the District Court dismissing his complaint under Rule 37(b) (2) (iii) of the Federal Rules of Civil Procedure. The action was brought by the Secretary to enjoin the defendants from violating the pay and record keeping provisions of the Fair Labor Standards Act.1 Complaint was filed on July 20, 1959. On August 8th the defendants filed a motion asking for the names of...

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