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MARSHALL v. CANADA DRY BOTTLING, ETC.

No. 77-1088.

593 F.2d 712 (1979)

Ray MARSHALL, Secretary of Labor, UNITED STATES Department of Labor, Appellant, v. CANADA DRY BOTTLING COMPANY OF NASHVILLE, INC., and Robert N. Greene, Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 7, 1979.

Rehearing and Rehearing Denied June 4, 1979.

Attorney(s) appearing for the Case

Carin Ann Clauss, Jacob I. Karro, Sol. of Labor, Sandy K. McCormack, U.S. Dept. of Labor, Washington, D.C., Marvin Tincher, Regional Atty., U.S. Dept. of Labor, Nashville, Tenn., John K. Light, Jr., Washington, D.C., for appellant.

F. Clay Bailey, Jr., Dearborn & Ewing, Nashville, Tenn., for appellees.

Before ENGEL, Circuit Judge, PECK, Senior Circuit Judge, and DeMASCIO, District Judge.

Rehearing and Rehearing En Banc Denied June 4, 1979.

PER CURIAM.

This action was brought by the Secretary of Labor under Section 17 of the Fair Labor Standards Act (29 U.S.C. § 201 et seq.) to enforce its discriminatory discharge provisions. The Secretary's complaint alleges that defendants violated Section 15(a)(3) of the Act by terminating the employment of Charles L. Smith because he had filed an action against them to recover overtime compensation...

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