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WIRTZ v. MILTON J. WERSHOW CO.

No. 23043.

416 F.2d 1071 (1969)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. MILTON J. WERSHOW CO., a California corporation, Appellee.

United States Court of Appeals Ninth Circuit.

September 18, 1969.

Attorney(s) appearing for the Case

Bessie Margolin (argued), Associate Sol., Charles Donahue, Sol. of Labor, Robert E. Nagle, Carin A. Clauss, Attys., Washington, D. C., Altero D'Agostini, Regional Atty., John M. Orban, Assoc. Regional Atty., Samuel J. Brookins, Atty., Los Angeles, Cal., for appellant.

H. Miles Raskoff (argued) of Gendel, Raskoff, Shapiro & Quittner, Los Angeles, Cal., for appellee.

Before BARNES and CARTER, Circuit Judges, and THOMPSON, District Judge.

THOMPSON, District Judge:

The Secretary of Labor brought this action to enjoin defendant from violating the provisions of Sections 15(a) (2) and 15(a) (5) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), and prayed (1) for an injunction against future violations and (2) for restraint against withholding of payment of overtime compensation past due to certain named employees.

Defendant moved to dismiss and buttressed the motion by...

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