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SHULTZ v. CIRCULATION SALES, INC.

Civ. A. No. 68C 56(1).

301 F.Supp. 937 (1969)

George P. SHULTZ, Secretary of Labor, United States Department of Labor (Successor to W. Willard Wirtz, Resigned), Plaintiff, v. CIRCULATION SALES, INC., and Earl R. Milne, doing business as Circulation Sales of St. Louis, Defendants.

United States District Court E. D. Missouri, E. D.

Judgment June 2, 1969.

Attorney(s) appearing for the Case

Veryl L. Riddle, U. S. Atty., by Jim J. Shoemake, Asst. U. S. Atty., St. Louis, Mo., and Charles Donahue, Sol., Harper Barnes, Regional Atty., and John Weiss, Atty., U. S. Dept. of Labor, Kansas City, Mo., for plaintiff.

Kenneth Teasdale, Sr., St. Louis, Mo., and Cassidy & Enright, Detroit, Mich., for defendants.

MEMORANDUM OPINION

HARPER, Chief Judge.

This is a suit under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. § 201 et seq., in which the Secretary under section 17 seeks to enjoin the defendants from violating the minimum wage, overtime and record-keeping provisions under section 15(a) (2) and (a) (5), and further for the restraint of any withholding of minimum wage or overtime compensation. The basic contention of the defendants is that...

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