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MARSHALL v. MAMMAS FRIED CHICKEN, INC.

No. 78-1928. Summary Calendar.

590 F.2d 598 (1979)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. MAMMAS FRIED CHICKEN, INC. d/b/a Fred Abood's Green Derby Restaurant and Fred J. Abood, an Individual, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 28, 1979.

Attorney(s) appearing for the Case

Carin Ann Clauss, Sol. of Labor, Donald S. Shire, Dennis D. Clark, Heidi D. Miller, Attys., U. S. Dept. of Labor, Washington, D. C., Bobbye D. Spears, Dept. of Labor, Atlanta, Ga., for plaintiff-appellant.

William H. Andrews, Jacksonville, Fla., for defendants-appellees.

Before COLEMAN, FAY and RUBIN, Circuit Judges.

PER CURIAM:

This action was brought by the Secretary of Labor under the Fair Labor Standards Act, 29 U.S.C. § 217, to enjoin the defendants from violating the minimum wage and overtime provisions of the Act and to restrain the withholding of minimum wages and overtime compensation. The parties reached a settlement as to the amounts of minimum wages owed. Thus, the only issues at trial were whether the defendants had violated the overtime provisions of the Act...

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