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WIRTZ v. McDADE

No. 20782.

330 F.2d 610 (1964)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. L. E. McDADE, d/b/a Dixie News Company, Appellee.

United States Court of Appeals Fifth Circuit.

April 16, 1964.

Attorney(s) appearing for the Case

Bessie Margolin, Associate Sol., Dept. of Labor, Washington, D. C., for appellant.

Joseph B. Bergen, Savannah, Ga., for appellee.

Before MARIS, GEWIN and BELL, Circuit Judges.

PER CURIAM:

This is an appeal from an order dismissing two suits brought by the Secretary of Labor to enforce provisions of the Fair Labor Standards Act, 29 U.S.C.A. Supp. 4, Section 201 et seq., which order was entered pursuant to the provisions of Federal Rules of Civil Procedure, rule 37 (b) (2) (iii), resulting from a refusal by the Secretary to comply with a discovery order directing him to deliver to the employer for inspection "any and all statements" taken...

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