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WIRTZ v. FLAME COAL COMPANY

No. 15028.

321 F.2d 558 (1963)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. FLAME COAL COMPANY, Incorporated, a corporation, Co-De Coal Company, Incorporated, a corporation, Amanda Coal Company, Incorporated, a corporation, and Virginia Cook Collins, Appellees.

United States Court of Appeals Sixth Circuit.

August 21, 1963.

Attorney(s) appearing for the Case

Jacob I. Karro, Dept. of Labor, Washington, D. C. (Charles Donahue, Sol., Sigmund R. Balka, Atty., United States Dept. of Labor, Washington, D. C., Jeter S. Ray, Regional Atty., Dept. of Labor, Nashville, Tenn., on the brief) for appellant.

Duff Arnett, Hazard, Ky., for appellees.

Before CECIL, Chief Judge, DARR, Senior District Judge, and BOYD, District Judge.

BOYD, District Judge.

This is an appeal from a denial of an injunction to restrain defendants-appellees from violating certain provisions of the Fair Labor Standards Act of 1938, 52 Stat. 1060, as amended; 29 U.S.C. § 201 et seq. The injunction proceeding was filed pursuant to 29 U.S.C. § 217, plaintiff-appellant alleging violations of 29 U.S.C. §§ 215(a) (1), 215(a) (2) and 215(a) (5). The prohibited...

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