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WIRTZ v. HOME NEWS PUBLISHING COMPANY

No. 21358.

341 F.2d 20 (1965)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. HOME NEWS PUBLISHING COMPANY, Inc., and Jay Morton, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 5, 1965.

Attorney(s) appearing for the Case

Isabellel R. Cappello, Atty., Bessie Margolin, Associate Sol., Charles Donahue, Sol., Robert E. Nagle, Atty., Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., Dept. of Labor, for appellant.

Irving M. Wolff, Miami, Fla., for appellees.

Before JONES and BELL, Circuit Judges, and HUNTER, District Judge.

GRIFFIN B. BELL, Circuit Judge:

Appellant, the Secretary of Labor, sued to enjoin the appellees under § 17 of the Fair Labor Standards Act from violating § 15(a) (3) of the Act. 29 U.S.C.A. §§ 217, 215(a) (3). This latter section, in pertinent part, makes it unlawful for any person:

"* * * to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted...

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