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BRENNAN v. DEEL MOTORS, INC.

No. 72-2192.

475 F.2d 1095 (1973)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. DEEL MOTORS, INC., d/b/a Deel Ford, and R. L. Nunn, Individually, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 27, 1973.

Attorney(s) appearing for the Case

Richard F. Schubert, Solicitor of Labor, Donald S. Shire, Carin Ann Clauss, U. S. Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Solicitor, Edwin G. Salyers, Atty., Dept. of Labor, Atlanta, Ga., Sylvia Ellison, U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellant.

Donald B. Harden, Charles Kelso, Atlanta, Ga., for defendants-appellees.

Before GEWIN, SIMPSON and RONEY, Circuit Judges.

GEWIN, Circuit Judge:

In this action, the Secretary of Labor appeals from the judgment of the district court dismissing his claim for injunctive relief under § 17 of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (1971), against the appellees, Deel Motors, Inc. and its vice president, Robert L. Nunn. The basis for the claimed relief is the alleged failure of the appellees to pay overtime wages as required by the Act to certain of their employees....

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