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DUNLOP v. CITY ELECTRIC, INC.

No. 74-2587.

527 F.2d 394 (1976)

John T. DUNLOP, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. CITY ELECTRIC, INC., and Paul R. Roland, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 18, 1976.

Attorney(s) appearing for the Case

Wm. J. Kilberg, Sol. of Labor, Paul Brenner, U. S. Dept. of Labor, Washington, D. C., George T. Avery, Reg. Sol., Wm. E. Everheart, Atty., U. S. Dept. of Labor, Dallas, Tex., Carin Ann Clauss, Associate Sol., Donald S. Shire, U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellant.

E. B. Fuller, Austin, Tex., for defendant-appellee.

Before WISDOM, CLARK and RONEY, Circuit Judges.

WISDOM, Circuit Judge:

This appeal is from a denial of relief sought by the Secretary of Labor under § 17 of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.), claiming back wages due certain employees for overtime work performed on behalf of their employer, City Electric, Inc. and the individual defendant, Paul R. Roland.1 The district court found that the work in question was performed before 8:00 a. m., the time...

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