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DUNLOP v. GRAY-GOTO, INC.

No. 74-1854.

528 F.2d 792 (1976)

John T. DUNLOP, Secretary of Labor, United States Department of Labor, Appellant, v. GRAY-GOTO, INC., a corporation, et al., Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 16, 1976.

Attorney(s) appearing for the Case

Sandra P. Bloom, Atty., U.S. Dept. of Labor (William J. Kilberg, Sol. of Labor, Carin Ann Clauss, Associate Sol., Jacob I. Karro, Atty., U. S. Dept. of Labor, and Ronald M. Gaswirth, Regional Sol., on the brief), for appellant.

Michael Paul Kirschner, Oklahoma City, Okl. (Hastie, Kirschner & Kinslow, Oklahoma City, Okl., of counsel, on the brief), for appellees.

Before HOLLOWAY, McWILLIAMS and BARRETT, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is a Fair Labor Standards case. The Secretary of Labor brought the present action under 29 U.S.C. § 217 to enjoin the defendant from violating the overtime pay and recordkeeping provisions of 29 U.S.C. §§ 207 and 211(c), and to enjoin the continued withholding of overtime compensation allegedly due and owing defendant's employees. The trial court found that the defendant was covered by the Fair Labor Standards Act (29...

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