WIRTZ v. TURNER

Civ. A. No. 8446.

227 F.Supp. 395 (1963)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff, v. Marvin S. TURNER and A. Ervin Goldberg, d/b/a Ace Generator and Starter Exchange, Defendants.

United States District Court N. D. Georgia, Atlanta Division.

August 21, 1963.


Attorney(s) appearing for the Case

Beverly R. Worrell, U. S. Dept. of Labor, Atlanta, Ga., for plaintiff.

H. Fred Gober, Arnall, Golden & Gregory, Atlanta, Ga., for defendant.


HOOPER, Chief Judge.

Plaintiff brought this action to enjoin the defendants from violating the provisions of Sec. 15(a) (1), 15(a) (2) and 15(a) (5) of the Fair Labor Standards Act of 1938 (29 U.S.C.A. § 201 et seq.) and "to restrain said defendants from withholding payment of minimum wages due their employees under the Act."

Plaintiff has filed a motion to strike defendant's demand for a jury trial. Whether or not defendant is entitled to a trial by...

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