WIRTZ v. LaFITTE

No. 20185.

326 F.2d 856 (1964)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. E. A. LaFITTE, Sr., and E. A. LaFitte, Jr., Individually, and as Co-Partners in the LaFitte Company, Appellees.

United States Court of Appeals Fifth Circuit.

January 24, 1964.


Attorney(s) appearing for the Case

Charles Donahue, Solicitor of Labor, United States Department of Labor, Washington, D. C.

Earl Street, Reg. Atty., Dept. of Labor, Dallas, Tex., Bessie Margolin, Associate Sol., Dept. of Labor, Isabelle R. Cappello, Atty., Dept. of Labor, Washington, D. C., for appellant.

Percy N. Browne, Shreveport, La., Browne & Lafargue, Shreveport, La., of counsel, for appellees.

Before HUTCHESON and BROWN, Circuit Judges, and SIMPSON, District Judge.


SIMPSON, District Judge.

We review, on appeal by the Secretary of Labor, a judgment of the District Court which resulted from a jury verdict in favor of the employer-defendant.1 At the request of Melvin May, the alleged injured employee, the Secretary brought this action to recover from the defendants, E. A. LaFitte, Sr., and E. A. LaFitte, Jr., individually and as copartners in the LaFitte Company, a partnership, unpaid minimum wage and...

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