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BRENNAN v. SINE

Nos. 73-1738, 73-1739.

495 F.2d 875 (1974)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Appellant, v. Jerry SINE and Dora Sine, Individually and as partners doing business as Jerry Sine Investments, Appellees. Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Appellant, v. Jerry SINE et al., Appellees.

United States Court of Appeals, Tenth Circuit.

April 25, 1974.

Attorney(s) appearing for the Case

James B. Leonard, Atty., U. S. Dept. of Labor (William J. Kilberg, Sol. of Labor, Carin Ann Clauss, Associate Sol., Jacob I. Karro, Atty., Tedrick A. Housh, Jr., Regional Sol., U. S. Dept. of Labor, Washington, D. C., with him on the brief), for appellant.

Ronald C. Barker, Salt Lake City, Utah, for appellees.

Before CLARK, Associate Justice Retired, Supreme Court of the United States, and SETH and HOLLOWAY, Circuit Judges.

SETH, Circuit Judge.

The Secretary of Labor appeals from dismissal "with prejudice" by the United States District Court for the District of Utah of these actions brought under section 17 of the Fair Labor Standards Act, 52 Stat. 1060 (1938), as amended, 29 U.S.C. § 217, to enjoin appellees from violating the minimum wage, overtime, and record-keeping provisions of the Act, and to require payment of back wages allegedly due appellees' employees under the Act....

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