HODGSON v. WHEATON GLASS CO.

No. 19558.

446 F.2d 527 (1971)

James D. HODGSON, Secretary of Labor, United States Department of Labor, v. WHEATON GLASS CO., a Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 22, 1971.


Attorney(s) appearing for the Case

Bruce W. Kauffman, Dilworth, Paxson, Kalish, Levy & Coleman, Philadelphia, Pa. (David Pittinsky, Carl Hanzelik, Philadelphia, Pa., Joseph B. Kauffman, Atlantic City, N. J., Marcus Manoff, Philadelphia, Pa., on the brief), for appellant.

Bessie Margolin, Associate Sol., U. S. Dept. of Labor, Washington, D. C. (Peter G. Nash, Sol. of Labor, Carin Ann Clauss, Leroy M. Jahn, Attys., U. S. Dept. of Labor, Francis V. LaRuffa, Regional Sol., Washington, D. C., on the brief), for appellee.

Albert K. Plone, Plone, Tomar, Parks & Seliger, Camden, N. J., for amicus curiae Glass Bottle Blowers Association of the U. S. and Canada, AFL-CIO.

Before SEITZ, Chief Judge, and ALDISERT and GIBBONS, Circuit Judges.


OPINION OF THE COURT

GIBBONS, Circuit Judge.

This case is before us for the second time. The complaint, filed by the Secretary of Labor on January 18, 1966, charged the defendant with violations of the Equal Pay Act of 1963, 29 U.S.C. § 206(d) (1964), an amendment to the Fair Labor Standards Act of 1938. 29 U.S.C. § 201 (1964) et seq. The initial decision of the district court was a judgment in favor of...

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