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HODGSON v. ELLIS TRANSPORTATION CO.

No. 71-1561.

456 F.2d 937 (1972)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. ELLIS TRANSPORTATION CO., a corporation, and Wade G. Ellis, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

March 15, 1972.

Attorney(s) appearing for the Case

David G. Moore (argued), of Reid, Babbage & Coil, Riverside, Cal., for defendants-appellants.

Carin Ann Clauss (argued), Helen W. Judd, Dept. of Justice, Alfred G. Albert, Acting Solicitor of Labor, Bessie Margolin, Assoc. Solicitor, Washington, D. C., John M. Orban, Assoc. Regional Solicitor, Los Angeles, Cal., for plaintiff-appellee.

Before HAMLEY, HUFSTEDLER and WRIGHT, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

In this action brought under the Fair Labor Standards Act (29 U.S.C. § 201), et seq., the Secretary of Labor alleged the appellant Ellis Transportation Co. was in violation of § 7(a)(1) of the Act by failing to pay overtime to 12 employees. The district court was asked to restrain future violations and to enjoin further withholding of past due wages.

Ellis Transportation contended that its employees were exempted...

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