No. 7095.

315 F.2d 326 (1963)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. YOUNG ELECTRIC SIGN COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

February 19, 1963.

Attorney(s) appearing for the Case

Jacob I. Karro, Washington, D. C. (Charles Donahue, Solicitor of Labor, Bessie Margolin, Associate Solicitor, Sigmund R. Balka, and Kenneth C. Robertson, Regional Attorney, on the brief), for appellant.

Earl D. Tanner, Salt Lake City, Utah, for appellee.

Before MURRAH, Chief Judge, and PICKETT and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

Appellant, plaintiff below, seeks to set aside an adverse judgment entered by the District Court for the District of Utah sua sponte at the conclusion of a pre-trial conference. The judgment denied injunctive relief sought by the Secretary of Labor under a complaint alleging repeated and continuing violations by the defendant company of sections 15(a) (4) and 15(a) (5) of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. The judgment...

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