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MARSHALL v. VICTORIA TRANSP. CO., INC.

Nos. 77-2263, 77-2274.

603 F.2d 1122 (1979)

F. Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. VICTORIA TRANSPORTATION COMPANY, INC. and Doro Besteiro, Defendants-Appellees. F. Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. BROWNSVILLE TRANSPORTATION COMPANY, INC. and Jose Colunga, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 4, 1979.

Attorney(s) appearing for the Case

Carin A. Clauss, Sol. of Labor, Kerry L. Adams, Atty., U.S. Dept. of Labor, Washington, D.C., for plaintiff-appellant in Nos. 77-2263, 77-2274.

Homero M. Lopez, Brownsville, Tex., for defendants-appellees in Nos. 77-2263, 77-2274.

Before WISDOM, HILL and VANCE, Circuit Judges:

VANCE, Circuit Judge:

Defendants operate two city bus lines, each of which serves portions of Brownsville, Texas. Plaintiff sued defendants charging that they employed workers in commerce, as defined by the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201-219, at rates of pay less than the minimum wage required by the Act, 29 U.S.C. § 206. Plaintiff further charged that defendants violated the overtime provisions of the Act, 29 U.S.C....

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