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MARSHALL v. HUFFHINES STEEL CO.

Civ. A. No. CA-3-79-0842-G.

478 F.Supp. 986 (1979)

Ray MARSHALL, Secretary of Labor, United States Department of Labor v. HUFFHINES STEEL COMPANY.

United States District Court, N. D. Texas, Dallas Division.

September 14, 1979.

Attorney(s) appearing for the Case

Barbara G. Heptig, Dallas, Tex., Carin Ann Clauss, Washington, D. C., James E. White, Jack F. Ostrander, U. S. Dept. of Labor, Dallas, Tex., for plaintiff.

Robert E. Rader, Jr., McCarty & Wilson, Ennis, Tex., for defendant.

ORDER

PATRICK E. HIGGINBOTHAM, District Judge.

This case presents the question that the Supreme Court made inevitable in Marshall v. Barlow's, Inc., 436 U.S. 307, 98 S.Ct. 1816, 56 L.Ed.2d 305 (1978), and that the Fifth Circuit left unresolved in Marshall v. Gibson's Products, Inc., 584 F.2d 668, 678, n.16 (5th Cir. 1978). That question is whether the district courts—and...

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