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WHITE v. WIRTZ

No. 9824.

402 F.2d 145 (1968)

Lorraine E. WHITE and David C. White, d/b/a White Surveying Company, Appellants, v. W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellee.

United States Court of Appeals Tenth Circuit.

October 28, 1968.

Attorney(s) appearing for the Case

Richard T. Sonberg, Tulsa, Okl. (R. L. Davidson, Jr., Tulsa, Okl., and Houston, Klein & Davidson, Tulsa, Okl., of counsel, with him on the brief), for appellants.

Donald S. Shire, Atty., United States Dept. of Labor, Washington, D. C. (Charles Donahue, Sol. of Labor, Bessie Margolin, Associate Sol., Robert E. Nagle, Atty., Washington, D. C., and Major J. Parmenter, Regional Atty., with him on the brief), for appellee.

Before LEWIS, SETH and HICKEY, Circuit Judges.

SETH, Circuit Judge.

The Secretary of Labor commenced this action to restrain the defendants-appellants from violating the provisions of the Fair Labor Standards Act relating to overtime pay and record keeping (29 U.S.C. §§ 211(c), 215(a) (5)). The principal issue raised at trial was whether the employees of the defendants were engaged in the production of goods for interstate commerce.

The trial court concluded that they were so engaged and granted...

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