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WIRTZ v. McDANIEL

No. 17269.

325 F.2d 78 (1963)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. H. D. McDANIEL and D. H. "Dee" McDaniel, Individually, and as Co-Partners, Doing Business as McDaniel Brothers Construction Company, Appellees.

United States Court of Appeals Eighth Circuit.

December 4, 1963.

Attorney(s) appearing for the Case

Beate Bloch, Atty., U. S. Dept. of Labor, Washington, D. C., made oral argument for the appellant and Charles Donahue, Solicitor of Labor, Washington, D. C., Bessie Margolin, Assoc. Solicitor, Washington, D. C., Earl Street, Regional Atty., Dallas, Tex., were with her on the brief.

James E. McDaniel and Charles M. Monney, of McDaniel, Ward & Mooney, Jonesboro, Ark., were counsel for the appellees. No oral argument was made and no brief filed on behalf of appellees.

Before VOGEL, MATTHES and MEHAFFY, Circuit Judges.

VOGEL, Circuit Judge.

The Secretary of Labor commenced this action under § 17 of the Fair Labor Standards Act, 29 U.S.C.A. §§ 201 et seq., to enjoin the defendants from violating the Act's overtime and record-keeping provisions with respect to their employees engaged in the construction of a manufacturing plant at Jonesboro, Arkansas, such plant to be used by the Crane Company. Non-compliance with the provisions of the Act was conceded. The District...

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