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BRENNAN v. YELLOWSTONE PARK LINES, INC.

No. 72-1591.

478 F.2d 285 (1973)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. YELLOWSTONE PARK LINES, INC., a corporation, and Yellowstone Park Company, a corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided May 10, 1973.

Attorney(s) appearing for the Case

Donald S. Shire, Atty., U. S. Dept. of Labor (Alfred G. Albert, Acting Sol. of Labor, Carin Ann Clauss, Associate Sol., John K. Light, Atty., U. S. Dept. of Labor, and Harper Barnes, Regional Sol., on the brief), for plaintiff-appellant.

Douglas Foster, New York City (Lovejoy, Wasson, Lundgren & Ashton, New York City, Redle, Yonkee & Arney, Sheridan, Wyo., of counsel; Lawrence A. Yonkee, Sheridan, Wyo., on the brief), for defendants-appellees.

Before BREITENSTEIN, Circuit Judge, DURFEE, Judge, Court of Claims, and DOYLE, Circuit Judge.

WILLIAM E. DOYLE, Circuit Judge.

This is an appeal from a judgment rendered by the United States District Court for the District of Wyoming denying the petition of the Secretary of Labor for an injunction against Yellowstone Park Lines, Inc. and Yellowstone Park Company from violating the minimum wage and record keeping requirements of the Fair Labor Standards Act. Plaintiff sought a judicial determination that the Act applied...

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