DUNLOP v. DAVIS

No. 75-2338 Summary Calendar.

524 F.2d 1278 (1975)

John T. DUNLOP, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. Wayne DAVIS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 24, 1975.


Attorney(s) appearing for the Case

William J. Kilberg, Sol. of Labor, Donald S. Shire, Assoc. Sol., Jacob I. Karro, U. S. Dept. of Labor, Washington, D. C., Beverley Worrell, Regional Sol., U. S. Dept. of Labor, Atlanta, Ga., Carin A. Clauss, Assoc. Sol., Washington, D. C., for plaintiff-appellant.

Murphy & Witcher, Michael L. Murphy, Bremen, Ga., for defendant-appellee.

Before COLEMAN, AINSWORTH and SIMPSON, Circuit Judges.


SIMPSON, Circuit Judge:

In the fall of 1971 an administrative investigation of appellee, Wayne Davis', business practices since June 30, 1969, was conducted by a compliance officer from the Wage and Hour Division of the Department of Labor. This investigation revealed that Davis, a paving contractor, was violating the compensation and record keeping provisions of the Fair Labor Standards Act (FLSA or the Act), Title 29, U.S.C., Section 201 et seq., and that back wages...

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