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BRENNAN v. KEYSER

Nos. 72-2887, 72-2960, 72-2888 and 72-2961.

507 F.2d 472 (1974)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Appellant and Cross-Appellee, v. Thomas E. KEYSER, Individually, and d/b/a Keyser Towing Company, Appellee and Cross-Appellant, and Oscar Shepard, Individually, and Hollenbeck Tow Service, A Corporation, Appellees and Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied March 31, 1975.

Attorney(s) appearing for the Case

Donald S. Shire (argued), Counsel for App. Litigation, U. S. Dept. of Labor, Washington, D. C., for appellant.

G. G. Baumen (argued), Los Angeles, Cal., for appellee and cross-appellant.

Before CHAMBERS and CHOY, Circuit Judges, and McNICHOLS, District Judge.

Certiorari Denied March 31, 1975. See 95 S.Ct. 1446.

OPINION

CHOY, Circuit Judge:

The Secretary of Labor brought these actions to enforce the overtime pay provisions of Section 7, Fair Labor Standards Act, 29 U.S.C. § 207. The defendant companies (Keyser and Shepard) operate automobile towing services in the Los Angeles area. The district court dismissed both actions, concluding that although Keyser and Shepard were engaged in interstate commerce...

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