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WIRTZ v. WESTERN COMPRESS COMPANY

Nos. 18718, 18719.

330 F.2d 19 (1964)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. WESTERN COMPRESS COMPANY, a corporation, Appellee. W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. FEDERAL COMPRESS AND WAREHOUSE COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

April 2, 1964.

Attorney(s) appearing for the Case

Charles Donahue, Solicitor of Labor, Bessie Margolin, Associate Solicitor, Robert E. Nagle, Isabelle R. Cappello, and Altero D'Agostini, Department of Labor, Washington, D. C., for appellant.

Snell & Wilmer, and Frederick K. Steiner, Jr., Phoenix, Ariz., and Nicholson & Moore, Memphis, Tenn., for appellees.

Before KOELSCH, Circuit Judge, MADDEN, Judge of the Court of Claims, and DUNIWAY, Circuit Judge.

MADDEN, Judge.

These two actions were brought in the District Court by the Secretary of Labor under Section 17 of the Fair Labor Standards Act1 to enjoin further alleged violations of the overtime provisions of Section 7 of the Act. The two actions were consolidated for hearing and were submitted to the District Court on cross motions for summary judgment, based on a record consisting of stipulations...

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