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SHULTZ v. HINOJOSA

No. 28475.

432 F.2d 259 (1970)

George P. SHULTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. Salvador M. HINOJOSA, Individually and d/b/a H & H Meat Products Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 29, 1970.

Attorney(s) appearing for the Case

Beverley R. Worrell, Regional Atty., U. S. Dept. of Labor, Atlanta, Ga., Truett E. Bean, Trial Atty., U. S. Dept. of Labor, Dallas, Tex., Laurence H. Silberman, Solicitor of Labor, Bessie Margolin, Associate Solicitor, Carin Ann Clauss, Sylvia S. Ellison, Helen W. Judd, Attys., U. S. Dept. of Labor, Washington, D. C., Major J. Parmenter, Regional Solicitor, for plaintiff-appellant.

Moises Vicente Vela, Harlingen, Tex., for defendant-appellee.

Before TUTTLE, THORNBERRY and INGRAHAM, Circuit Judges.

TUTTLE, 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 trial court's failure to find additional violations of child labor, minimum wage and record keeping provisions of the Act, and because the trial court, although finding 23 violations, declined to enter the injunction sought by the Secretary.

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