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BRENNAN v. J. M. FIELDS, INC.

No. 72-1066.

488 F.2d 443 (1974)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee-Cross Appellant, v. J. M. FIELDS, INC., Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 17, 1974.

Attorney(s) appearing for the Case

Eli H. Subin, Orlando, Fla., for defendant-appellant.

Kalvin M. Grove, S. Richard Pincus, Chicago, Ill., for American Retail Federation, amicus curiae.

Beverley R. Worrell, Regional Sol., Dept. of Labor, Atlanta, Ga., Richard F. Schubert, Sol. of Labor, Bessie Margolin, Carin Ann Clauss, U.S. Dept. of Labor, Washington, D. C., for plaintiff-appellee.

Before TUTTLE, WISDOM and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 17, 1974.

SIMPSON, Circuit Judge:

We review on this appeal the decision below in a case arising under the Equal Pay provisions1 of the Fair Labor Standards Act (FLSA), Title 29, U.S.C., § 201 et seq. The district court found that the appellant, J. M. Fields, Inc. (Fields) had discriminated on the basis of sex in the payment of wages to supervisory personnel in three of the sixty...

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