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HODGSON v. BAKER

Nos. 74-1779, 74-1839.

544 F.2d 429 (1976)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. Ross BAKER doing business as Ross Baker Towing, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 9, 1976.

Attorney(s) appearing for the Case

James B. Leonard, Atty. (argued), U. S. Dept. of Labor, Washington, D. C., for appellant in No. 74-1799 and appellee in No. 74-1839.

G. G. Baumen (argued), Los Angeles, Cal., for appellee in No. 74-1779 and appellant in No. 74-1839.

Before ELY, LAY and ANDERSON, Circuit Judges.

LAY, Circuit Judge:

The Secretary of Labor appeals from the dismissal on the merits of an action under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. The Secretary brought the action seeking to enjoin defendant Ross Baker, d/b/a Ross Baker Towing, from allegedly violating the Act's overtime and record keeping requirements, and to restrain him from withholding wages due under the Act to his employees.

After trial, the district court...

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