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MARSHALL v. SEGONA

No. 79-2790 Summary Calendar.

621 F.2d 763 (1980)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. Johnny SEGONA, d/b/a Highway 190 Truck Stop and as Truckem Up Paradise, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 16, 1980.

Attorney(s) appearing for the Case

Donald S. Shire, Mary-Helen Mautner, Attys., U.S. Dept. of Labor, Washington, D.C., for plaintiff-appellant.

Williams & Fisher, Nathan S. Fisher, Baton Rouge, La., for defendant-appellee.

Before BROWN, TJOFLAT and FRANK M. JOHNSON, Jr., Circuit Judges.

JOHN R. BROWN, Circuit Judge:

F.R.Civ.P. 37 discovery sanctions are involved in this appeal. Because of the Secretary of Labor's failure to timely answer interrogatories, the District Court dismissed the Secretary's suit to enforce the Fair Labor Standards Act, 29 U.S.C.A. §§ 201 et seq. ("Act"). We reverse and remand.

Background

When this suit was filed on March 20, 1978, Johnny Segona owned and operated two truckstops located...

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