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WIRTZ v. INTRAVAIA

No. 20856.

375 F.2d 62 (1967)

W. Willard WIRTZ, Sec. of Labor, U. S. Dept. of Labor, Appellant, v. Ignazio INTRAVAIA et al., Appellees.

United States Court of Appeals Ninth Circuit.

March 15, 1967.

Attorney(s) appearing for the Case

Charles Donahue, Sol. of Labor, Bessie Margolin, Associate Sol., Robert E. Nagle, Atty., Donald Shire, Atty., John Orbin, Atty., Dept. of Labor, Washington, D. C., Altero D'Agostini, Regional Atty., Dept. of Labor, Los Angeles, Cal., for appellant.

Merrill Albert, Los Angeles, Cal., for appellees.

Before BARNES, DUNIWAY and ELY, Circuit Judges.

DUNIWAY, Circuit Judge:

The appellant, Secretary of Labor, brought this action to enjoin further violations of the overtime and record-keeping requirements of the Fair Labor Standards Act, 29 U.S.C. §§ 207 & 211 (c). After a trial, the trial court concluded that appellees' employees were not within the coverage of the Act, and judgment was entered for appellees. We reverse.

The Act covers employees who are "engaged in commerce or in the production...

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