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WIRTZ v. LEON'S AUTO PARTS COMPANY

No. 26744.

406 F.2d 1250 (1969)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. LEON'S AUTO PARTS COMPANY, Inc., et al., Defendants-Appellees.

United States Court of Appeals Fifth Circuit.

February 10, 1969.

Attorney(s) appearing for the Case

Charles Donahue, Sol. of Labor, Dept. of Labor, Washington, D. C., Beverley R. Worrell, Roger J. Martinson, Attys., Dept. of Labor, Atlanta, Ga., Robert E. Nagle, Atty., Dept. of Labor, Washington, D. C., Bessie Margolin, Associate Sol., Phyllis Le Roy Morgan, Attorney, United States Department of Labor, Washington, D. C., Regional Attorney, for appellant.

Harry Dicus, Young & Dicus, Columbus, Ga., for appellees.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

The Secretary of Labor brought this action against Leon's Auto Parts Company and its president, Leon B. Murdock, to recover unpaid overtime compensation due two employees, under Section 16(c) of the Fair Labor Standards Act, 29 U.S. C.A. § 201 et seq. At the close of all of the evidence the Secretary's motion for a directed verdict was denied. The jury returned a verdict for both defendants. The Secretary thereupon moved for judgment notwithstanding...

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