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CLIFTON D. MAYHEW, INC. v. WIRTZ

Nos. 13015, 13016.

413 F.2d 658 (1969)

CLIFTON D. MAYHEW, INC., Appellant, v. W. Willard WIRTZ, Secretary of Labor, United States Dept. of Labor, Appellee. W. Willard WIRTZ, Secretary of Labor, United States Dept. of Labor, Appellant, v. CLIFTON D. MAYHEW, INC., Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 3, 1969.

Attorney(s) appearing for the Case

Philip F. Herrick, Washington, D. C., for Clifton D. Mayhew, Inc.

Donald S. Shire, Atty., Dept. of Labor (Edward D. Friedman, Acting Solicitor of Labor, Bessie Margolin, Associate Solicitor, Sylvia S. Ellison, Chief Trial Atty., and Robert E. Nagle, Atty., Dept. of Labor, on brief) for W. Willard Wirtz.

Before HAYNSWORTH, Chief Judge, and BRYAN and CRAVEN, Circuit Judges.

CRAVEN, Circuit Judge:

This action was brought by the Secretary under Section 17 of the Fair Labor Standards Act of 1938, as amended,1 to enjoin Mayhew, Inc. from violating overtime provisions of the Act and to recover unpaid overtime compensation said to be due under Section 7 of the Act. Mayhew pleaded in exoneration Section 10 of the Portal-to-Portal Act,2 which...

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