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WIRTZ v. DuMONT

No. 8651.

309 F.2d 152 (1962)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. Harry DuMONT, Executor of the Estate of James G. Fritschy, Deceased, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 9, 1962.

Attorney(s) appearing for the Case

Jacob I. Karro, Acting Asst. Sol., United States Department of Labor (Charles Donahue, Solicitor of Labor, Caruthers G. Berger, Attorney, United States Department of Labor, and Beverley R. Worrell, Regional Attorney, United States Department of Labor, on the brief), for appellant.

Harry DuMont, Asheville, N. C. (Uzzell & DuMont, Asheville, N. C., on the brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and J. SPENCER BELL, Circuit Judges.

PER CURIAM.

This is the appeal of the Secretary of Labor from an order of the District Court dismissing consolidated actions brought under the Fair Labor Standards Act, reported sub nom. Goldberg v. Fritschy, 198 F.Supp. 743 (W.D.N.C.1961), to recover on behalf of certain former employees of the appellee unpaid minimum wages and overtime compensation allegedly due, and for injunctive relief.

The District Court gave judgment...

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