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USERY v. FORT PAYNE MOTELS, INC.

Civ. A. No. 75-M-1350.

432 F.Supp. 1079 (1976)

W. J. USERY, Jr., Secretary of Labor (Substituted as plaintiff for John T. Dunlop, Resigned), Plaintiff, v. FORT PAYNE MOTELS, INC., d/b/a Holiday Inn, and J. B. Williams, Individually and d/b/a Holiday Inn Restaurant, Defendants.

United States District Court, N. D. Alabama, M. D.

December 17, 1976.

Attorney(s) appearing for the Case

Beverley R. Worrell, Reg. Sol., U.S. Dept. of Labor, Atlanta, Norman G. Winston, Assoc. Reg. Sol., Leighton A. Beers, Jr., Trial Atty., Birmingham, Ala., for plaintiff.

Joseph C. Kellett, Kellett & Scruggs, Fort Payne, Ala., Charles A. Stewart, Jr., Huie, Fernambucq, Stewart & Smith, Birmingham, Ala., for defendants.

MEMORANDUM OPINION

McFADDEN, Chief Judge.

This is an action by the Secretary of Labor under 29 U.S.C. § 217 seeking to enjoin defendants from violating §§ 15(a)(2) and 15(a)(5) of the Fair Labor Standards Act of 1938 as amended (29 U.S.C. § 201 et seq.), and to restrain defendants from withholding payment of minimum wages and overtime compensation alleged to be due defendants' employees under the Act. The Court has jurisdiction of the...

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