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MARSHALL v. OWENSBORO-DAVIESS COUNTY HOSPITAL

No. 77-3069.

581 F.2d 116 (1978)

Ray MARSHALL (Successor to W. J. Usery), Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. OWENSBORO-DAVIESS COUNTY HOSPITAL et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 9, 1978.

Attorney(s) appearing for the Case

Marvin Tincher, Regional Atty., Frank Steiner, U. S. Dept. of Labor, Nashville, Tenn., Carin Ann Clauss, Lois G. Williams, U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellant.

Ronald M. Sullivan, Sandidge, Holbrook, Craig & Hager, Owensboro, Ky., for defendants-appellees.

Before WEICK, PECK and LIVELY, Circuit Judges.

WEICK, Circuit Judge.

The suit in the District Court was brought by the Secretary of Labor against the Owensboro-Daviess County Hospital, a corporation, the City of Owensboro, Kentucky, and the County of Daviess, Kentucky, under the Equal Pay Act of 1963, 29 U.S.C. § 206(d)(1), (3). The Secretary sought to enjoin the defendants from violating the Act by paying wages to "male nursing assistants" (i. e., orderlies) higher than wages paid to female "nurse...

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