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HODGSON v. FIRST VICTORIA NATIONAL BANK

No. 30864.

446 F.2d 47 (1971)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. FIRST VICTORIA NATIONAL BANK, a Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 3, 1971.

Attorney(s) appearing for the Case

Peter G. Nash, Sol. of Labor, Dept. of Labor, Washington, D. C., James E. White, Bessie Margolin, Associate Sol., Carin Ann Clauss, Atty., for Sec. of Labor, Dept. of Labor, Washington, D. C., Jacob I. Karro, Judith Bleich Kahn, Attys., United States Department of Labor, Washington, D. C., Major J. Parmenter, Regional Sol., for plaintiff-appellant.

Frank G. Guittard, Guittard, Henderson, Jones & Lewis, Victoria, Tex., for defendant-appellee.

Before TUTTLE, THORNBERRY and INGRAHAM, Circuit Judges.

PER CURIAM:

The Secretary of Labor brought this action under the Equal Pay Act of 1963, 29 U.S.C.A. § 206(d) (1), for relief in connection with defendant's alleged wage discrimination on the basis of sex.

This case is before the Court for the second time. The district court, in its first decision dismissing the action, concluded that the higher wages paid to men by defendant bank were due to the men's participation in a training program purposed to prepare...

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