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WIRTZ v. HARRIGILL

No. 20821.

328 F.2d 963 (1964)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. D. B. HARRIGILL, Appellee.

United States Court of Appeals Fifth Circuit.

March 9, 1964.

Attorney(s) appearing for the Case

Bessie Margolin, Associate Sol., Beate Bloch, Atty., Dept. of Labor, Washington, D. C., Charles Donahue, Sol. of Labor, Beverley R. Worrell, Regional Atty., for appellant.

Charles A. Carter, J. Stuart Robinson, Jackson, Miss., for appellee.

Before BROWN, MOORE, and GEWIN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

The Secretary appeals from a judgment denying recovery sought by him under 29 U.S.C.A. § 216(c); Mitchell v. Mitchell Truck Line, Inc., 5 Cir., 1961, 286 F.2d 721, at 726-727, on behalf of Solon W. Blades, the Employee of the Appellee, Employer.

The Employer's business was that of a star route contract mail carrier with the United States Postal Service for runs to and from Brookhaven and...

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