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MARSHALL v. CITY OF SHEBOYGAN

No. 77-1272.

577 F.2d 1 (1978)

Ray MARSHALL (Successor to W. J. Usery, Jr.), Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. CITY OF SHEBOYGAN, a Municipal Corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 24, 1978.

Attorney(s) appearing for the Case

Michael J. Julka, Madison, Wis., Clarence H. Mertz, Sheboygan, Wis., for defendant-appellant.

Lois G. Williams, Atty., Labor Dept., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before SWYGERT and BAUER, Circuit Judges, and CAMPBELL, Senior District Judge.

SWYGERT, Circuit Judge.

We must determine on this appeal whether Congress has the power under the Commerce Clause to extend the Equal Pay Act to state and local governmental employees. We hold that it does.

I

On March 26, 1976 the Secretary of Labor commenced this action in the district court pursuant to the Fair Labor Standards Act, as amended, 29 U.S.C. §§ 201 et seq., to enjoin the...

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