BRENNAN v. MAXEY'S YAMAHA, INC.

Nos. 74-1354, 74-1478.

513 F.2d 179 (1975)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Appellant-Cross-Appellee, v. MAXEY'S YAMAHA, INC., et al., Appellee-Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 26, 1975.


Attorney(s) appearing for the Case

Sylvia S. Ellison, Atty., U. S. Dept. of Labor, Washington, D. C., for Secretary of Labor.

John J. Respeliers, Omaha, Neb., for Maxey's Yamaha.

Before GIBSON, Chief Judge, and HEANEY, and ROSS, Circuit Judges.


GIBSON, Chief Judge.

The Secretary of Labor brought this action to enjoin alleged violations of the Fair Labor Standards Act of 1938, as amended (FLSA), 29 U.S.C. § 201 et seq., including the withholding of overtime compensation due to employees of Maxey's Yamaha, Inc., a Nebraska corporation engaged in retail sales and service of motorcycles. Both parties appeal portions of the District Court's March 13, 1974, order denying the Secretary's requested injunction...

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