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UNITED STATES v. GULF STATES ASPHALT COMPANY, INC.

No. 72-1749.

472 F.2d 933 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. GULF STATES ASPHALT COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 16, 1973.

Attorney(s) appearing for the Case

Anthony J. P. Farris, U. S. Atty., James R. Gough, B. Stephen Rice, Asst. U. S. Attys., Houston, Tex., Morton Hollander, Chief, Appellate Sec., Alan S. Rosenthal, Thomas G. Wilson, Civil Div., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

L. G. Clinton, Jr., A. J. Harper, II, Houston, Tex., for defendant-appellee.

Before WISDOM, BELL and COLEMAN, Circuit Judges.

BELL, Circuit Judge.

This is an appeal from a judgment for the defendant, Gulf States Asphalt, in a suit brought by the government seeking damages for alleged violations of the Walsh-Healey Public Contracts Act, 41 U.S.C.A. § 35 et seq. The basis for the suit was that Gulf States failed to pay certain of its employees overtime for work performed under a government contract. The district court ruled for defendant on stipulated...

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