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HODGSON v. TEXACO INC.

No. 30865 Summary Calendar.

440 F.2d 662 (1971)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. TEXACO INC., a Corp., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 17, 1971.

Attorney(s) appearing for the Case

Carl W. Gerig, Jr., U. S. Dept. of Labor, Atlanta, Ga., Peter G. Nash, Sol. of Labor, Bessie Margolin, Atty., Carin Ann Clauss, Dept. of Labor, Washington, D. C., for plaintiff-appellant.

Karl B. Block, Jr., Miami, Fla., O. R. Miller, Houston, Tex., for defendant-appellee.

Before WISDOM, COLEMAN, and MORGAN, Circuit Judges.

PER CURIAM:

Lumsden, an employee of Texaco, filed an action for back pay against Texaco under the Fair Labor Standards Act May 29, 1968. During the week of January 26-31, 1970, Lumsden introduced as evidence in this suit certain documents that he had taken from company files without permission. Texaco considered some of this information confidential, and no employees had authority to publish it. Texaco thereupon fired him. The Secretary of Labor brought this action...

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