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BRENNAN v. BILL KIRK'S VOLKSWAGEN

No. 73-1878.

497 F.2d 892 (1974)

Peter J. BRENNAN, Secretary of Labor, Appellant, v. BILL KIRK'S VOLKSWAGEN and William W. Kirk, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 14, 1974.

Attorney(s) appearing for the Case

John K. Light, Atty. (William J. Kilberg, Solicitor of Labor, Carin Ann Clauss, Associate Sol., Donald S. Shire, Atty., Louis Weiner, Regional Sol., Dept. of Labor, on brief), for appellant.

Warren M. Davison, Baltimore, Md. (Earle K. Shawe, Jeffrey L. Levin, and Shawe & Rosenthal, Baltimore, Md., on brief), for appellees.

Before BRYAN, Senior Circuit Judge, and BUTZNER and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

This suit was brought by the Secretary of Labor under § 17 of the Fair Labor Standards Act, 29 U.S.C. § 217, to enjoin Bill Kirk's Volkswagen, Inc., and its president, William W. Kirk, Jr., from violating the Act's overtime and recordkeeping provisions and to restrain the continued withholding of unpaid wages due several of its employees. The defendants claimed that Alexander Rheubottom, the only employee involved in this appeal,...

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