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BLEDSOE v. WIRTZ

No. 9401.

384 F.2d 767 (1967)

C. C. BLEDSOE and Emmett Marcum, as Individuals and d/b/a Oklahoma Auction Yard, a Partnership, Appellants, v. W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellee.

United States Court of Appeals Tenth Circuit.

October 27, 1967.

Attorney(s) appearing for the Case

Robert P. Kelly, Pawhuska, Okl. (Bruce W. Gambill, Pawhuska, Okl., on the brief), for appellants.

Robert E. Nagle, Atty., Dept. of Labor, Washington, D. C. (Charles Donahue, Sol. of Labor, Bessie Margolin, Associate Sol., and Allen H. Sachsel, Atty., Dept. of Labor, Washington, D. C., on the brief), for appellee.

Before PICKETT, HILL and HICKEY, Circuit Judges.

HILL, Circuit Judge.

The case is here on appeal for the second time. Upon the first appeal, which was by the Secretary, the case was remanded to the trial court for further proceedings. Wirtz v. Bledsoe, 10 Cir., 365 F.2d 277. Those further proceedings resulted in a judgment in favor of the Secretary and that judgment is now appealed from.

The action was instituted by the Secretary of Labor under Section 17 of the Fair Labor...

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