SHULTZ v. PARKE

No. 26820.

413 F.2d 1364 (1969)

George W. SHULTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. Robert B. PARKE, d/b/a Southwestern Guard Service, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

July 18, 1969.


Attorney(s) appearing for the Case

Charles Donahue, Sol., U. S. Dept. of Labor, Washington, D. C., M. J. Parmenter, Regional Atty., U. S. Dept. of Labor, Richard L. Collier, Trial Atty., Dallas, Tex., Bessie Margolin, Associate Sol., Dept. of Labor, Robert E. Nagle, Donald S. Shire, Atty., Dept. of Labor, Washington, D. C., for plaintiff-appellant.

Robert C. Maley, Jr., Sheinfeld & Maley, Richard S. Donoghue, Houston, Tex., for appellee Robert B. Parke, d/b/a Southwestern Guard Service.

Before COLEMAN and SIMPSON, Circuit Judges, and MEHRTENS, District Judge.


COLEMAN, Circuit Judge:

This action was brought by the Secretary of Labor under Section 17 of the Fair Labor Standards Act1 to enjoin defendant from violating the overtime and recordkeeping requirements of the Act, and to restrain defendant from continuing to withhold some $4,100 in unpaid overtime compensation due under the Act to its employees. Defendant admitted noncompliance with the Act's overtime requirements, but claimed that his...

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