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MARSHALL v. BOARD OF ED., BERGENFIELD, N. J.

No. 77-1530.

575 F.2d 417 (1978)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Appellee, v. BOARD OF EDUCATION, BERGENFIELD, NEW JERSEY, Appellant, Arthur E. Clementz, Individually and as President of the Board of Education, and Carl Ruess, Individually and as Secretary and Business Administrator of the Board.

United States Court of Appeals, Third Circuit.

Decided March 13, 1978.

Attorney(s) appearing for the Case

Carin Ann Clauss, Sol. of Labor, Donald S. Shire, Associate Sol., Jacob I. Karro, Lois G. Williams, Anastasia T. Dunau, Attys., U. S. Dept. of Labor, Washington, D. C., for appellee; Francis V. LaRuffa, Regional Sol., New York City, on the brief.

Major & Major, Hackensack, N. J., for appellant; James A. Major, II, Hackensack, N. J., of counsel.

Before GIBBONS and GARTH, Circuit Judges, and WEINER, District Judge.

Submitted Under Third Circuit Rule 12(6) January 5, 1978.

OPINION OF THE COURT

GARTH, Circuit Judge.

This is an appeal from a denial of a motion made by the Bergenfield Board of Education (Board) pursuant to Fed.R.Civ.P. 60(b).1

After the Supreme Court determined that states need not comply with federal wage and hour legislation,2 the Board moved the district court to vacate its judgment...

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