WIRTZ v. MARINO

No. 7159.

405 F.2d 938 (1968)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff, Appellee, v. Lelio MARINO et al., Defendants, Appellants.

United States Court of Appeals First Circuit.

As amended February 26, 1969.


Attorney(s) appearing for the Case

Morris M. Goldings, Boston, Mass., with whom Mahoney, McGrath, Atwood, Piper & Goldings, Boston, Mass., was on brief, for appellants.

Robert E. Nagle, Atty., Dept. of Labor, with whom Charles Donahue, Solicitor of Labor, Bessie Margolin, Associate Solicitor, and Albert H. Ross, Regional Atty., were on brief, for appellee.

Joel H. Golovensky, Harry H. Rains and Rains, Pogrebin & Scher, Mineola, N. Y., on brief for Consulting Engineers Council, U. S. A. and others, amicus curiae.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


ALDRICH, Chief Judge.

This is an action instituted by the Secretary of Labor in the district court on behalf of an employee, one Dewing, to recover from Dewing's former employer Geomatra Engineering Company and its president, hereinafter collectively the defendant, payment for alleged overtime work. Suit was brought under section 16(c) of the Fair Labor Standards Act of 1938, 29 U.S.C. § 216(c). The district court found for the plaintiff. On this appeal defendant...

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