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USERY v. ASSOCIATED DRUGS, INC.

No. 74-4217.

538 F.2d 1191 (1976)

W. J. USERY, Jr., Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. ASSOCIATED DRUGS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 12, 1976.

Attorney(s) appearing for the Case

William J. Kilberg, Sol. of Labor, U. S. Dept. of Labor, Donald S. Shire, Deputy Assoc. Sol., Washington, D. C., Robert A. Fitz, U. S. Dept. of Labor, George T. Avery, Regional Sol., Dallas, Tex., Carin Ann Clauss, Assoc. Sol., Paul D. Brenner, Dept. of Labor, Washington, D. C., for plaintiff-appellant.

Bob Spann, Corpus Christi, Tex., for defendant-appellee.

Before WISDOM and INGRAHAM, Circuit Judges, and GROOMS, District Judge.

GROOMS, District Judge:

This action was brought by the Secretary of Labor under Section 17 (29 U.S.C. § 217) of the Fair Labor Standards Act to enjoin appellee, Associated Drugs, Inc., from violating the Act's minimum wage, overtime compensation and recordkeeping requirements and to restrain the continued withholding of unpaid wages due certain employees of its Parr Drug Store in Corpus Christi, Texas.

The trial court granted the injunction sought by...

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