SHULTZ v. MISTLETOE EXPRESS SERVICE, INC.

Nos. 450-69, 451-69.

434 F.2d 1267 (1970)

George P. SHULTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee and Cross-Appellant, v. MISTLETOE EXPRESS SERVICE, INC., Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 31, 1970.

Second Rehearing January 19, 1971.


Attorney(s) appearing for the Case

Donald S. Shire, Washington, D. C. (Laurence H. Silberman, Sol. of Labor, Bessie Margolin, Associate Sol., and Carin Ann Clauss, Atty., U. S. Dept. of Labor, and Major J. Parmenter, Regional Sol., on the brief) for plaintiff-appellee and cross-appellant.

Harvey L. Harmon, Oklahoma City, Okl. (Morgan, Dykeman & Williamson, Nichols & Ellis, and Franklin, Harmon & Satterfield, Inc., Oklahoma City, Okla., of counsel, on the brief), for defendant-appellant and cross-appellee.

Before PHILLIPS, BREITENSTEIN and HILL, Circuit Judges.


BREITENSTEIN, Circuit Judge.

The Secretary of Labor brought this action under § 17 of the Fair Labor Standards Act (FLSA) as amended, 29 U.S.C. § 201 et seq., to enjoin Mistletoe Express Service, Inc., from violating the minimum wage, overtime, and record-keeping requirements, and to restrain Mistletoe from continuing to withhold about $39,000 in unpaid minimum wages and overtime compensation. Mistletoe claimed that the workers in question were independent...

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