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BRENNAN v. DILLION

No. 73-1088.

483 F.2d 1334 (1973)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. David DILLION, an individual, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided August 30, 1973.

Attorney(s) appearing for the Case

Jacob I. Karro, Washington, D. C. (Alfred G. Albert, Acting Sol. of Labor, Carin Ann Clauss, Associate Sol., George Avery, Regional Sol., and John K. Light, Atty., U. S. Dept. of Labor, on the brief), for plaintiff-appellant.

Carl D. Hall, Jr., Tulsa, Okl. (Hall & Sublett, Tulsa, Okl., on the brief), for defendant-appellee.

Before BREITENSTEIN, BARRETT and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The Secretary of Labor, plaintiff-appellant, sued defendant-appellee to enjoin him from violating the minimum wage, overtime, and record keeping provisions of the Fair Labor Standards Act as amended, 29 U.S.C. § 201 et seq. The district court dismissed the action and the Secretary appeals.

The facts are stipulated. Defendant owns and operates three apartment complexes in Tulsa, Oklahoma, and employs 35 persons to manage and...

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