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MITCHELL v. BALLENGER PAVING COMPANY

No. 18714.

299 F.2d 297 (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. BALLENGER PAVING COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

February 6, 1962.

Attorney(s) appearing for the Case

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

C. T. Wyche, Greenville, S. C., John Izard, Jr., Atlanta, Ga., John Izard Jr., Atlanta, Ga., and Spalding, Sibley, Troutman, Meadow & Smith, Atlanta, Ga., Wyche, Burgess & Wyche, Greenville, S. C., of counsel, for appellee.

Before TUTTLE, Chief Judge, and CAMERON and BROWN, Circuit Judges.

TUTTLE, Chief Judge.

The Secretary of Labor appeals from the denial by the trial court of an injunction against future violations of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq.

The employer in this case is engaged in the paving contracting business. The violations giving rise to the litigation occurred principally out of contracts for the paving of facilities at military air bases. There were other violations that occurred during ordinary...

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