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WIRTZ v. GRAHAM TRANSFER AND STORAGE COMPANY

Nos. 20048-20051.

322 F.2d 650 (1963)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant v. GRAHAM TRANSFER AND STORAGE COMPANY and Malcolm E. Graham, Sr., Appellees. W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. Louis A. GUILLOT, d/b/a Jackson Dental Laboratory & Supplies, Appellee. W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. Lute S. ELLISON, L. L. Branscome and L. L. Branscome, Jr., Appellees. W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. CLARK-BURT ROOFING COMPANY, William T. Clark and Douglas E. Burt, Appellees.

United States Court of Appeals Fifth Circuit.

September 24, 1963.

Attorney(s) appearing for the Case

Bessie Margolin, Associate Sol. of Labor, Charles Donahue, Sol. of Labor, Jacob I. Karro, Caruthers G. Berger, Attys., Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., Dept. of Labor, for appellant.

C. Arthur Sullivan, John C. Sullivan, Jackson, Miss., Sullivan, Sullivan & Keyes, Jackson, Miss., of counsel, for appellees.

Before PHILLIPS, WISDOM and GEWIN, Circuit Judges.

WISDOM, Circuit Judge.

The question for decision in each of these four appeals is whether a permanent injunction restraining the defendant from violating the Fair Labor Standards Act should be vacated. In each case the defendant has observed the law since the issuance of the injunction, but has not shown any special hardship or new or changed conditions not readily foreseeable at the time the decree was entered. We hold that when an injunction is issued under the...

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