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SHULTZ v. KELLEY

No. 720-69.

431 F.2d 1364 (1970)

George P. SHULTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. Arthur KELLEY, d/b/a Arthur Kelley Stockyards, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 30, 1970.

Attorney(s) appearing for the Case

William D. Lunn, Muskogee, Okl. (Wilcoxen, Gephart, Lunn & Mayes and James K. Mayes, Jr., Muskogee, Okl., on the briefs), for appellant.

William Fauver, Atty., U. S. Dept. of Labor (Laurence H. Silberman, Sol. of Labor, Bessie Margolin, Associate Sol., Carin Ann Clauss, Helen W. Judd, Attys., and Major J. Parmenter, Regional Sol., U. S. Dept. of Labor, on the briefs), for appellee.

Before PHILLIPS, BREITENSTEIN and HILL, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

George P. Shultz, in his capacity as Secretary of Labor, brought this action against Arthur Kelley, d/b/a "Arthur Kelley Stock Yards," seeking a decree enjoining Kelley from violating §§ 15(a) (2) and 15(a) (5) of the Fair Labor Standards Act, as amended,1 and from withholding payment of minimum wages and overtime compensation found by the court to be due from Kelley to his employees under that...

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