USERY v. FISHER

No. 76-1369.

565 F.2d 137 (1977)

W. J. USERY, Jr., Secretary of Labor, United States Department of Labor, Petitioner-Appellant, v. Arnold FISHER, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided October 31, 1977.


Attorney(s) appearing for the Case

Jacob I. Karro, Washington, D. C. (William J. Kilberg, Sol. of Labor, Carin Ann Clauss, Associate Sol., Marcia A. Lurensky, Washington, D. C., and Tedrick A. Housh, Jr., Regional Sol., U. S. Dept. of Labor, Kansas City, Mo., on the brief), for petitioner-appellant.

No appearance for respondent-appellee.

Before SETH, PICKETT and McWILLIAMS, Circuit Judges.


McWILLIAMS, Circuit Judge.

The Secretary of Labor seeks reversal of an adverse decision suffered by him in a civil contempt proceeding. The action was brought to require obedience to a judgment issued under Section 17 of the Fair Labor Standards Act. 29 U.S.C. § 201, et seq.

The complaint in the original action charged violations of the Act's minimum wage and overtime compensation provisions. After extensive discovery and pretrial proceedings, the respondent...

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