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HODGSON v. PROPHET COMPANY

No. 72-1138.

472 F.2d 196 (1973)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. The PROPHET COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided January 10, 1973.

Attorney(s) appearing for the Case

Carin Ann Clauss, Associate Sol. (Richard F. Schubert, Sol. of Labor, Donald S. Shire, Sylvia S. Ellison, Holloway Wooten, Attys., and Major J. Parmenter, Regional Sol., on brief) for plaintiff-appellant.

A. P. Murrah, Jr., Oklahoma City, Okl., for defendant-appellee.

Alexander E. Wilson, Jr., Alexander E. Wilson III, and Wilson, Wilcox & Wilson, Atlanta, Ga., on brief for National Restaurant Assn., as amicus curiae.

Before PHILLIPS, HILL and HOLLOWAY, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

James D. Hodgson, as United States Secretary of Labor,1 brought this action under § 17 of the Fair Labor Standards Act of 1938,2 as amended,3 to enjoin The Prophet Company4 from violating §§ 6 and 7 of such Act, as amended.5

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