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MARSHALL v. CHALA ENTERPRISES, INC.

No. 79-3286.

645 F.2d 799 (1981)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. CHALA ENTERPRISES, INC., dba Chala Tire Co., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 18, 1981.

Attorney(s) appearing for the Case

Eleanor Jenkins, Atty., Washington, D. C., for plaintiff-appellant.

Bernard A. Leckie, Meserve, Mumper & Hughes, Newport Beach, Cal., for defendants-appellees.

Before SCHROEDER, PREGERSON and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

The Secretary of Labor commenced this action under section 17 of the Fair Labor Standards Act, 29 U.S.C. sections 201-219, seeking restitutionary and prospective injunctive relief against Chala Enterprises, Inc., on behalf of ten of Chala's employees. The Secretary alleged that Chala had violated the record keeping and overtime1 provisions of the Act by failing to pay those employees a regular hourly rate for...

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