USERY v. DALLAS INDEPENDENT SCHOOL DIST.

Civ. A. No. CA-3-7975-D.

421 F.Supp. 111 (1976)

W. J. USERY, Jr., Secretary of Labor, United States Dept. of Labor, Plaintiff, v. DALLAS INDEPENDENT SCHOOL DISTRICT, Defendant.

United States District Court, N. D. Texas, Dallas Division.

October 19, 1976.


Attorney(s) appearing for the Case

William J. Kilberg, Solicitor of Labor, Ronald M. Gaswirth, Regional Solicitor, Lois Williams, Robert A. Fitz and Caruthers G. Berger, U. S. Dept. of Labor, Dallas, Tex., for plaintiff.

Lee Smith and Robert W. Smith, Dallas, Tex., for defendant.


MEMORANDUM OPINION AND ORDER

ROBERT M. HILL, District Judge.

The motion of the Dallas Independent School District (DISD), defendant, to dismiss this claim under the authority of National League of Cities v. Usery, ___ U.S. ___, 96 S.Ct. 2465, 49 L.Ed.2d 245 (1976) came on for consideration before the Honorable Robert M. Hill, United States District Judge. The court has considered the motion and the briefs of counsel and is of the opinion that it should...

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