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WIRTZ v. MISS HOLLYWOOD, INC.

No. 22951.

370 F.2d 326 (1967)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. MISS HOLLYWOOD, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

January 4, 1967.

Attorney(s) appearing for the Case

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

Joseph A. Perkins, Miami, Fla., for appellees.

Before GEWIN and GOLDBERG, Circuit Judges, and SPEARS, District Judge.

PER CURIAM:

The Secretary of Labor sought an injunction under Section 17 of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., to enjoin appellees from violating the provisions of the Act and from withholding back wages alleged to be due 23 employees. The Secretary of Labor appeals from an order of the District Court granting appellees Motion for Dismissal under Rule 41(b) of the Federal Rules of Civil Procedure, which order was entered after the court...

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