MARSHALL v. VALHALLA INN

No. 76-3626.

590 F.2d 306 (1979)

Ray MARSHALL, Secretary of Labor, Plaintiff-Appellee, v. The VALHALLA INN, a corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 25, 1979.


Attorney(s) appearing for the Case

James F. Scott (argued), Stockton, Cal., for defendant-appellant.

Heidi D. Miller (argued), Dept. of Labor, Carin Ann Clauss, Dept. of Labor, Washington, D. C., for plaintiff-appellee.

Before BROWNING and HUG, Circuit Judges, and HOFFMAN, District Judge.


PER CURIAM:

The Secretary of Labor brought this action under § 17 of the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. (the Act), to enjoin the Valhalla Inn from violating the overtime requirements of the Act and to restrain the withholding of overtime wages found to be due Valhalla's employees. The district court held that, by virtue of partial exemptions granted restaurants and food service establishments in §§ 13(b)(8)(A) and...

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