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HODGSON v. OKADA

Nos. 71-1381, 72-1043.

472 F.2d 965 (1973)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. Paul OKADA, and Okada Farms, Inc., a corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided February 7, 1973.

Attorney(s) appearing for the Case

Ronald Whiting, U. S. Dept. of Labor, Washington, D. C. (Richard F. Schubert, Sol. of Labor, Carin Ann Clauss, Associate Sol., Harper Barnes, Regional Sol., Donald S. Shire and Judith Bleich Kahn, U. S. Dept. of Labor, Washington, D. C., on the brief), for plaintiff-appellee.

Eugene H. Tepley, Denver, Colo., for defendants-appellants.

Before BREITENSTEIN, McWILLIAMS and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

The Secretary of Labor brought this action under § 17 of the Fair Labor Standards Act as amended 29 U.S.C. § 201 et seq. to enjoin Paul Okada and Okada Farms Incorporated (Okadas) from violating the minimum wage, recordkeeping and shipping provisions, and restraining them from withholding $1,279.90 in unpaid wages. The Court, in a bifurcated trial, held that the Okadas and Ramon Medelez, the crew leader, were joint employers of the...

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