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MARSHALL v. JERRICO, INC.

No. 79-253.

446 U.S. 238 (1980)

MARSHALL, SECRETARY OF LABOR, ET AL. v. JERRICO, INC.

Supreme Court of United States.

Decided April 28, 1980.

Attorney(s) appearing for the Case

Deputy Solicitor General Geller argued the cause for appellants. With him on the briefs was Solicitor General McCree.

Thomas W. Power argued the cause for appellee. With him on the brief were William E. Anderson and Curtis L. Wilson.

MR. JUSTICE MARSHALL delivered the opinion of the Court.

Under § 16 (e) of the Fair Labor Standards Act, 29 U. S. C. § 216 (e), sums collected as civil penalties for the unlawful employment of child labor are returned to the Employment Standards Administration (ESA) of the Department of Labor in reimbursement for the costs of determining violations and assessing penalties. The question for decision is whether this provision violates the Due Process Clause...

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