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WIRTZ v. MELOS CONSTRUCTION CORP.

Nos. 308, 309, Dockets 32917, 32918.

408 F.2d 626 (1969)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. MELOS CONSTRUCTION CORP. and Americo Melo, individually and as an officer of Melos Construction Corp., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided March 19, 1969.

Attorney(s) appearing for the Case

Leonard S. Kimmell, Kimmell & Kimmell, Mineola, N. Y., for appellants.

Carin A. Clauss, Atty., Dept. of Labor, John A. Hughes, Regional Atty. (Charles Donahue, Sol. of Labor, Bessie Margolin, Assoc. Sol., Robert E. Nagle, Atty., Dept. of Labor, on the brief), for appellee.

Before WATERMAN, KAUFMAN and HAYS, Circuit Judges.

HAYS, Circuit Judge:

Melos Construction Corp. and its president, Americo Melo, appeal from a judgment of the United States District Court for the Eastern District of New York, enjoining them from violating the overtime and record-keeping provisions of the Fair Labor Standards Act. 29 U.S.C. §§ 207, 211 (1964, Supp. III 1965-67).

Melos is a construction company engaged in building foundations for homes on...

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