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HODGSON v. RICKY FASHIONS, INC.

No. 29523 Summary Calendar.

434 F.2d 1261 (1970)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. RICKY FASHIONS, INC., a corporation, and Jose Correa, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 11, 1970.

Attorney(s) appearing for the Case

L. H. Silberman, Sol. of Labor, Bessie Margolin, Assoc. Sol., Carin Ann Clauss, Counsel, U. S. Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., Murray A. Battles, Atty., U. S. Dept. of Labor, Atlanta, Ga., for plaintiff-appellant.

John Duhig, Miami, Fla., for defendants-appellees.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

THORNBERRY, Circuit Judge:

The Secretary of Labor appeals from a judgment, based on violations of the Fair Labor Standards Act, 29 U.S.C.A. 201 et seq., because of the district court's failure to determine and restrain the continued withholding of unpaid wages due certain former employees, and because the district court, although finding violations, declined to enter the injunction sought by the Secretary. We affirm that part of the judgment awarding unpaid wages...

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