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SHULTZ v. NATIONAL ELECTRIC COMPANY

No. 130-68.

414 F.2d 1225 (1969)

George P. SHULTZ, Secretary of Labor, United States Department of Labor, Appellant, v. NATIONAL ELECTRIC COMPANY, Inc., et al., Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 22, 1969.

Attorney(s) appearing for the Case

James E. White, U. S. Dept. of Labor, Washington, D. C. (Edward D. Friedman, Acting Sol. of Labor, Bessie Margolin, Associate Solicitor, Robert E. Nagle and Thomas E. Korson, U. S. Dept. of Labor, and Major J. Parmenter, Regional Attorney, on the brief), for appellant.

Edward E. Soule, Oklahoma City, Okl., for appellees.

Before PICKETT, HILL and HICKEY, Circuit Judges.

PICKETT, Circuit Judge.

The Secretary of Labor brought this action to enjoin the appellee, National Electric Company, Inc., and its president, Robert G. Elston, from violating the provisions of the Fair Labor Standards Act as amended, 29 U.S.C. § 201 et seq., and to require payments of overtime compensation due to some employees. The trial court held that the employees in question were not engaged in interstate commerce...

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