WIRTZ v. BLEDSOE

No. 8439.

365 F.2d 277 (1966)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. C. C. BLEDSOE and Emmett Marcum as individuals and doing business as Oklahoma Auction Yard, a partnership, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 21, 1966.


Attorney(s) appearing for the Case

Anastasia T. Dunau, Washington, D. C. (Charles Donahue, Sol. of Labor, Bessie Margolin, Assoc. Sol., Robert E. Nagle and Allen H. Sachsel, Attys., and Major J. Parmenter, Regional Atty., U. S. Dept. of Labor, on the brief), for appellant.

Robert P. Kelly, Pawhuska, Okl., (Bruce W. Gambill, Pawhuska, Okl., was with him on the brief), for appellees.

Before MURRAH, Chief Judge, and PHILLIPS and LEWIS, Circuit Judges.


DAVID T. LEWIS, Circuit Judge.

This action was instituted by the Secretary of Labor under section 17 of the Fair Labor Standards Act, 29 U.S.C. §§ 201-219, by complaint alleging that the defendants-appellees had violated the overtime wage provisions of the Act and had failed to keep adequate records as required by the Act. This appeal is taken by the Secretary from a judgment favoring defendants and entered by the...

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