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BUCKLEY v. WIRTZ

No. 7382.

326 F.2d 838 (1964)

William M. BUCKLEY, Duane J. Buckley, and M.T. Buckley, partners, doing business as American Cornice Works, and Buckley Construction Industries, Appellants, v. W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellee.

United States Court of Appeals Tenth Circuit.

January 20, 1964.

Attorney(s) appearing for the Case

Paul R. Kitch, Wichita, Kan. (Wayne Coulson, Dale M. Stucky, Donald R. Newkirk, Robert J. Hill, Gerrit H. Wormhoudt, Hugo T. Wedell, and Homer V. Gooing, Wichita, Kan., on the brief), for appellants.

Jacob I. Karro, Atty., U. S. Dept. of Labor (Charles Donahue, Sol., Bessie Margolin, Assoc. Sol., Isabelle R. Cappello, Atty., and Harper Barnes, Regional Atty., on the brief), for appellee.

Before MURRAH, Chief Judge, and HILL and SETH, Circuit Judges.

SETH, Circuit Judge.

This is an action commenced by the Secretary of Labor pursuant to 29 U.S.C. § 217 to enjoin the appellants from violating the Fair Labor Standards Act, 29 U.S.C. §§ 201-219, and more particularly to enjoin the violation of the overtime compensation provisions and of the record keeping provisions of the Act. At the time of trial appellants admitted the Act was applicable to their business, and there remained the sole question as...

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