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WIRTZ v. WILLIAMS

No. 22999.

369 F.2d 783 (1966)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. Kenneth WILLIAMS, d/b/a Williams Sand & Gravel Company, Appellee.

United States Court of Appeals Fifth Circuit.

December 1, 1966.

Attorney(s) appearing for the Case

Bessie Margolin, Assoc. Sol., Dept. of Labor, William Fauver, Atty., Dept. of Labor, Charles Donahue, Sol. of Labor, Robert E. Nagle, Atty., Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., for appellant.

J. Malcolm Robinson, Austin, Tex., for appellee.

Before JONES and DYER, Circuit Judges, and SPEARS, District Judge.

DYER, Circuit Judge.

This is an appeal by the Secretary of Labor from a judgment denying an injunction prohibiting the appellee from violating the minimum wage, overtime compensation and record keeping provisions of the Fair Labor Standards Act, 29 U.S.C.A. Sec. 201 et seq.

After a trial, the District Court filed its findings of fact and conclusions of law. It found that the appellee was engaged in the transportation and delivery of sand and gravel utilized...

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