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USERY v. EDWARD J. MEYER MEMORIAL HOSPITAL

Civ. No. 71-453.

428 F.Supp. 1368 (1977)

W. J. USERY, Jr., Secretary of Labor, United States Department of Labor, Plaintiff, v. EDWARD J. MEYER MEMORIAL HOSPITAL, ERIE COUNTY and Albert C. Rekate, Individually and as Acting Director of Edward J. Meyer Memorial Hospital, Defendants.

United States District Court, W. D. New York.

April 4, 1977.

Attorney(s) appearing for the Case

Francis V. LaRuffa, Regional Sol., Dept. of Labor, New York City, for plaintiff; Louis D. DeBernardo, New York City, of counsel.

James L. Magavern, Erie County Atty., Buffalo, N.Y., for defendants; Roger J. Wittig, Asst. County Atty., Buffalo, N.Y., of counsel.

MEMORANDUM AND ORDER

ELFVIN, District Judge.

The Secretary of Labor is seeking to enforce the equal pay provisions of the Fair Labor Standards Act ("the FLSA"), as amended, 29 U.S.C. § 206(d)(1).1 The complaint now alleges that Edward J. Meyer Memorial Hospital, which is owned and operated as a public general hospital by Erie County, has discriminated on the basis of sex by paying wages to female "cleaners" at a rate less...

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