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WIRTZ v. WOHL SHOE COMPANY

No. 24106.

382 F.2d 848 (1967)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. WOHL SHOE COMPANY, d/b/a Richardson Shoe Store, Appellee.

United States Court of Appeals Fifth Circuit.

As Modified on Denial of Rehearing October 23, 1967.

Attorney(s) appearing for the Case

Bessie Margolin, Associate Sol., Donald S. Shire, Atty., Dept. of Labor, Washington, D. C., Charles Donahue, Sol. of Labor, Robert E. Nagle, Attorney, United States Dept. of Labor, Washington, D. C., Major J. Parmenter, Regional Atty., for appellant.

William M. Howard, Gaylord C. Burke, Thomas C. Walsh, St. Louis, Mo., M. Harvey Weil, Corpus Christi, Tex., Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., of counsel, for appellee.

Before BELL, GODBOLD and DYER, Circuit Judges.

DYER, Circuit Judge:

This appeal is from a judgment of the District Court dismissing an action brought by the Secretary of Labor under § 17 of the Fair Labor Standards Act1 to restrain appellee from violating the minimum wage, overtime and record keeping requirements, and from continuing to withhold wages due employees under the Act. We reverse.

The facts are not in dispute. Appellee is engaged in the retail sale of shoes...

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