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MARSHALL v. LANE PROCESSING, INC.

No. 79-1362.

606 F.2d 518 (1979)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Appellant, v. LANE PROCESSING, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 5, 1979.

Attorney(s) appearing for the Case

Douglas J. Davidson, U. S. Dept. of Labor, Washington, D. C., for appellant; Carin Ann Clauss, Sol. of Labor, Ronald G. Whiting, Associate Sol., Paul E. Myerson, Attys., Washington, D. C., on brief.

C. Cary Patterson, Atchley, Russell, Waldrop & Hlavinka, Texarkana, Tex., for appellee.

Before LAY, BRIGHT and McMILLIAN, Circuit Judges.

LAY, Circuit Judge.

The Secretary of Labor appeals from the denial of injunctive relief sought under section 17 of the Fair Labor Standards Act, 29 U.S.C. § 217. The Secretary sought to enjoin the defendant Lane Processing, Inc. from further violations of the child labor provision of the Act. 29 U.S.C. §§ 212(c), 215(a)(4). The original complaint alleged that the defendant had employed "oppressive child labor...

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