BRENNAN v. SCHWERMAN TRUCKING CO. OF VIRGINIA

No. 75-1279.

540 F.2d 1200 (1976)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Appellee, v. SCHWERMAN TRUCKING COMPANY OF VIRGINIA, INC., a corporation, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 12, 1976.


Attorney(s) appearing for the Case

John J. McAleese, Jr., Bala Cynwyd, Pa. (Roger D. Susanin, Palmerton, Pa., Cunniff, Bray & McAleese, Bala Cynwyd, Pa., Goddin, Major, Schubert & Hyman, Richmond, Va., on brief), for appellant.

Jacob I. Karro, Atty., U. S. Dept. of Labor, Washington, D. C. (Marvin Tincher, Regional Atty., Nashville, Tenn., William J. Kilberg, Sol. Labor, Carin Ann Clauss, Associate Sol., and Paul D. Brenner, Atty., U. S. Dept. of Labor, Washington, D. C., on brief), for appellee.

Before RUSSELL and WIDENER, Circuit Judges, and WATKINS, District Judge.


WIDENER, Circuit Judge:

This action was instituted by the Secretary of Labor against Schwerman Trucking Company of Virginia, Inc.,1 a common carrier by motor vehicle engaged in the transportation of fertilizer, gasoline, jet fuel, diesel fuel, and other petroleum type products, to enjoin it from committing certain alleged violations of the Fair Labor Standards Act2 (FLSA). Specifically, the Secretary contends...

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