WIRTZ v. HINES REALTY COMPANY

No. 22603.

361 F.2d 321 (1966)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. HINES REALTY COMPANY and Jack Hines, Appellees.

United States Court of Appeals Fifth Circuit.

May 17, 1966.


Attorney(s) appearing for the Case

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

C. A. L. Johnstone, Jr., Mobile, Ala., McCorvey, Turner, Johnstone, Adams & May, Mobile, Ala., Brooks, Garrett & Thompson, Brewton, Ala., of counsel, for appellees.

Before TUTTLE, Chief Judge, BELL, Circuit Judge, and KILKENNY, District Judge.


PER CURIAM:

This appeal by the Secretary is from an order of the District Court granting summary judgment to appellees. The Secretary, proceeding under § 17 of the Fair Labor Standards Act, 29 U.S.C.A. § 217, was seeking, inter alia, to restrain appellees from withholding back wages alleged to be due under the Act. The judgment of the District Court was rendered prior to this court's opinion in Burk Builders, Inc. v. Wirtz, 5 Cir., 1966, 355 F.2d 451. The two are patently in conflict and Burk Builders is, of course, controlling.

Accordingly, we reverse and remand for further proceedings not inconsistent herewith.

FootNotes


* Of Portland, Oregon, sitting by designation.

Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases