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USERY v. RITTER

Nos. 76-1809 and 76-1845.

547 F.2d 528 (1977)

W. J. USERY, Jr., Secretary of Labor, Petitioner, v. The Honorable Willis W. RITTER, District Judge, Respondent, and Paul W. Cox et al., Parties in Interest. W. J. USERY, Jr., Secretary of Labor, Appellant, v. Paul W. COX et al., Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 3, 1977.

Attorney(s) appearing for the Case

Jacob I. Karro, Washington, D.C. (William J. Kilberg, Sol. of Labor, Carin Ann Clauss, Associate Sol., Sandra P. Bloom, Atty., and Henry C. Mahlman, Associate Regional Sol., U.S. Dept. of Labor, Washington, D.C., on the brief), for petitioner in No. 76-1809 and appellant in No. 76-1845.

Chris Wangsgard, Salt Lake City, Utah (Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, on the brief), for parties in interest in No. 76-1809 and appellees in No. 76-1845.

Before SETH, BREITENSTEIN and McWILLIAMS, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The issue is whether in a suit charging violations of the equal pay provisions of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., the Secretary of Labor can be compelled to divulge the identity of his informants. The district court ordered him to do so. The Secretary has appealed and also petitioned for extraordinary relief under 28 U.S.C. § 1651(a) and Rule 21, F.R.A.P. We hold that the Secretary is not required to disclose...

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