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MITCHELL v. PIDCOCK

No. 18687.

299 F.2d 281 (1962)

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. Frank R. PIDCOCK, III, doing business as Pidcock Tobacco Warehouses, and J. E. Ladson, Jr., doing business as Ladson's Leader Tobacco Warehouses, Appellees. Frank R. PIDCOCK, III, doing business as Pidcock Tobacco Warehouses, and J. E. Ladson, Jr., doing business as Ladson's Leader Tobacco Warehouses, Appellants, v. James P. MITCHELL, Secretary of Labor, United States Department of Labor (Arthur J. Goldberg, Secretary of Labor, substituted as party appellee in the place and stead of James P. Mitchell, resigned), Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 17, 1962.

Attorney(s) appearing for the Case

Bessie Margolin, Asst. Sol., Charles Donahue, Sol. of Labor, Jacob I. Karro, Judah Best, Attys., Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., Birmingham, Ala., for appellant.

R. Lamar Moore, Moultrie, Ga., Moore & Moore, Moultrie, Ga., of counsel, for appellee.

Before CAMERON, BROWN, and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

The Secretary of Labor brought three suits, consolidated for this appeal, to require certain tobacco warehousemen to comply with the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. In two of the suits the Secretary sued Frank R. Pidcock, III, and J. E. Ladson, Jr., under Section 17 of the Act, to enjoin the defendants from violating provisions of the Act relating to minimum wage and record-keeping requirements. In the third suit he...

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