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WIRTZ v. LUNSFORD

Nos. 17745, 17746.

404 F.2d 693 (1968)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. Fred T. LUNSFORD d/b/a Gulf Oil Distributor, Defendant-Appellee. W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. J. B. THOMAS, Jr., d/b/a Gulf Oil Distributor, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

Rehearing Denied November 21, 1968.

Attorney(s) appearing for the Case

Carin Clauss, Atty., Dept. of Labor, Washington, D. C., for appellant; Charles Donahue, Solicitor of Labor, Bessie Margolin, Associate Solicitor, Robert E. Nagle, Allen H. Sachsel, Attys., Dept. of Labor, Washington, D. C., Jeter S. Ray, Regional Counsel, Nashville, Tenn., on brief.

Jack M. Irion and James L. Bomar, Jr. Shelbyville, Tenn., for appellees; Bomar & Shofner, Shelbyville, Tenn., of counsel.

Before O'SULLIVAN, CELEBREZZE, and COMBS, Circuit Judges.

COMBS, Circuit Judge.

These actions were brought by the Secretary of Labor to enjoin the defendants-appellees from violating the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. Lunsford was charged with violating the minimum wage, overtime and record keeping provisions of the Act, and Thomas with violating its overtime, record keeping, and child labor provisions. Both defendants are distributors for Gulf Oil Corporation, Lunsford at Greeneville, Tennessee and...

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