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O'MEARA-STERLING v. MITCHELL

No. 19044.

299 F.2d 401 (1962)

O'MEARA-STERLING, Appellant, v. James P. MITCHELL, Secretary of Labor, United States Department of Labor (Arthur J. Goldberg, Secretary of Labor, United States Department of Labor, substituted as Party Appellee in the place and stead of James P. Mitchell, resigned), Appellee.

United States Court of Appeals Fifth Circuit.

February 26, 1962.

Attorney(s) appearing for the Case

Herbert W. Christenberry, Jr., New Orleans, La., for appellant.

Earl Street, Regional Atty., U. S. Dept. of Labor, Dallas, Tex., Bessie Margolin, Morton Liftin, Asst. Sols., Charles Donahue, Sol., Robert E. Nagle, Atty., U. S. Dept. of Labor, Washington, D. C., for appellee.

Before JONES, BROWN and BELL, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge.

The Secretary of Labor recovered a judgment in the District Court against appellant, a partnership, as the result of a suit under § 16(c) of the Fair Labor Standards Act of 1938,1 as amended, to recover unpaid overtime compensation due Charles L. Young, former employee of appellant, pursuant to § 7 of the Act. The judgment is based on a finding that Young worked an average of 84 hours per week...

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