BRENNAN v. HEARD

No. 73-1228.

491 F.2d 1 (1974)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant-Cross Appellee, v. Mark HEARD, Jr., Individually, et al., Defendants-Appellees-Cross Appellants.

United States Court of Appeals, Fifth Circuit.

March 14, 1974.


Attorney(s) appearing for the Case

Donald S. Shire, U. S. Dept. of Labor, Richard F. Schubert, Sol. of Labor, U. S. Dept. of Labor, Carin Ann Clauss, Associate Sol., Washington, D. C., Beverley R. Worrell, Regional Sol., U. S. Dept. of Labor, James H. Woodson, Atty., Stephen J. Simko, Atlanta, Ga., Jacob I. Karro, U. S. Dept. of Labor, Office of the Sol., Washington, D. C., for appellant.

W. Woodrow Stewart, Gainesville, Ga., Leon Boling, Cumming, Ga., for appellees.

Before BROWN, Chief Judge, and GEWIN and GOLDBERG, Circuit Judges.


GOLDBERG, Circuit Judge:

This action was initiated by the Secretary of Labor to enjoin defendants, Mark Heard, Jr. and Mark Heard Fuel Company, from violating the Fair Labor Standards Act (FLSA)1 in the operation of their poultry and gas producing enterprises by withholding from their employees sums due under the minimum wage and overtime provisions of the Act. The district court found willful violations of the FLSA in defendants' wage...

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