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BRENNAN v. CITY STORES, INC.

No. 72-2382.

479 F.2d 235 (1973)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. CITY STORES, INC., doing business as Loveman's, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 16, 1973.

Attorney(s) appearing for the Case

Kenneth Perrine, Sirote, Permutt, Friend & Friedman, Birmingham, Ala., Harry Kelleher, Donald R. Mintz, New Orleans, La., for defendant-appellant.

Beverley R. Worrell, Regional Sol., U. S. Dept. of Labor, Atlanta, Ga., Edwin G. Salyers, Atty., Carin Ann Clauss, Donald S. Shire, U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellee.

Before TUTTLE, THORNBERRY and DYER, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 16, 1973.

TUTTLE, Circuit Judge:

The Secretary of Labor filed suit against Loveman's department store1 for violation of the Equal Pay Act provisions of the Fair Labor Standards Act.2 The Secretary demonstrated that Loveman's compensated women selling clothing and related items at a lower rate than it paid salesmen...

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