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MARSHALL v. SECURITY BANK & TRUST CO.

No. 76-1489.

572 F.2d 276 (1978)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. SECURITY BANK AND TRUST COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided March 22, 1978.

Attorney(s) appearing for the Case

Lois G. Williams, Atty., Columbus, Ohio (William J. Kilberg, Sol. of Labor, Carin Ann Clauss, Associate Sol., Washington, D. C., and Ronald Gaswirth, Regional Sol., U. S. Dept. of Labor, Dallas, Tex., on the brief), for plaintiff-appellant.

Eddie Y. Newcombe, Atty., Lawton, Okl., for defendant-appellee.

Before McWILLIAMS, BREITENSTEIN and BARRETT, Circuit Judges.

McWILLIAMS, Circuit Judge.

The Secretary of Labor brought this action to enjoin the Security Bank and Trust Company of Lawton, Oklahoma from violating the overtime provisions of the Fair Labor Standards Act, 29 U.S.C. § 207, and the equal pay provisions of the Equal Pay Act, 29 U.S.C. § 206(d), and to enjoin the continued withholding of back wages due as a result of such violations.

The Secretary alleged that seven bank employees worked more than...

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