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HODGSON v. GOLDEN ISLES CONVALESCENT HOMES, INC.

No. 71-1994.

468 F.2d 1256 (1972)

James D. HODGSON, Secretary of Labor, U.S. Department of Labor, Plaintiff-Appellant, v. GOLDEN ISLES CONVALESCENT HOMES, INC., d/b/a Golden Isles Convalescent Center, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Opinion October 31, 1972.

Attorney(s) appearing for the Case

Peter G. Nash, Sol. of Labor, U.S. Dept. of Labor, Washington, D.C., Beverley R. Worrell, Regional Sol., Edwin G. Salyers, U.S. Dept. of Labor, Atlanta, Ga., Bessie Margolin, Carin Ann Clauss, Donald S. Shire, U.S. Dept. of Labor, Office of Solicitor, Washington, D.C., for plaintiff-appellant.

Hillary F. Silverman, Miami, Fla., for defendant-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

On Suggestion for Hearing En Banc March 13, 1972.

ON SUGGESTION FOR HEARING EN BANC

BY THE COURT: No Judge in regular active service on the Court having requested that the Court be polled on hearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Hearing En Banc is denied.

Before PHILLIPS,* THORNBERRY and RONEY, Circuit Judges...

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