WIRTZ v. SULLIVAN

No. 20120.

326 F.2d 946 (1964)

W. Willard WIRTZ, Secretary of Labor, U. S. Department of Labor, Appellant, v. R. E. SULLIVAN, d/b/a Sullivan Lumber Company, Appellee.

United States Court of Appeals Fifth Circuit.

January 29, 1964.


Attorney(s) appearing for the Case

Bessie Margolin, Associate Sol., Robert E. Nagle, Atty., Charles Donahue, Sol. of Labor, Jerome M. Feit, Jack H. Weiner, Attys., Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., Dept. of Labor, for appellant.

Erle Phillips, Fisher & Phillips, Atlanta, Ga., for appellee.

Before TUTTLE, Chief Judge, and JONES and BELL, Circuit Judges.


JONES, Circuit Judge:

The Secretary of Labor brought an action under Section 17 of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., seeking to enjoin the appellee from violating wage and hour provisions of the Act. The district court denied the relief sought and the Secretary has appealed.

The appellee, R. E. Sullivan, doing business as Sullivan Lumber Company, operates a sawmill in a rural area of Georgia where he employs about a hundred people...

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