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USERY v. RICHMAN

No. 76-1723.

558 F.2d 1318 (1977)

W. J. USERY, Jr., Secretary of Labor, United States Department of Labor, Appellant, v. Willard RICHMAN, Individually, and Richman-Anderson, Inc., a corporation, trading as Tower View Cafe, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 14, 1977.

Attorney(s) appearing for the Case

Melanie F. Nussdorf, U. S. Dept. of Labor, Washington, D. C. (argued), W. J. Kilberg, Helen W. Judd, Rita L. Stotts and Tedrick A. Housh, Washington, D. C., on brief, for appellant.

Frank Magill, Fargo, N. D., argued and on brief, for appellee.

Before LAY and WEBSTER, Circuit Judges, and REGAN, Senior District Judge.

WEBSTER, Circuit Judge.

The Secretary of Labor brought an action under the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., against Willard Richman, individually, and Richman-Anderson, a corporation trading as the Tower View Cafe. He alleged that defendants violated the Equal Pay Act, 29 U.S.C. § 206(d), by paying the female cooks at the Tower View Cafe less than they paid the lone male cook, Orrin Hanson, for work that was equal within...

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