BRENNAN v. STATE OF INDIANA

Nos. 74-1707, 74-1708.

517 F.2d 1179 (1975)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. STATE OF INDIANA, Defendant-Appellant (two cases).

United States Court of Appeals, Seventh Circuit.

Decided June 18, 1975.


Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Robert S. Spear, Deputy Atty. Gen., Indianapolis, Ind., for defendant-appellant.

Donald S. Shire, U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellee.

Before SWYGERT and SPRECHER, and JAMESON,


SWYGERT, Circuit Judge.

These consolidated appeals raise the question of whether certain institutions operated by the State of Indiana are subject to the provisions of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.

The Attorney General of Indiana admits in both cases that the state institutions did not pay the statutory overtime premium or maintain records as required by the Act. He argues, however, that these institutions are not...

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