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DONOVAN v. UNIVERSITY OF TEXAS AT EL PASO

No. 78-1787.

643 F.2d 1201 (1981)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, (Equal Employment Opportunity Commission substituted in the place and stead of Raymond J. Donovan, Secretary, etc.) Plaintiff-Appellee, v. UNIVERSITY OF TEXAS AT EL PASO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 1, 1981.

Attorney(s) appearing for the Case

Lonny F. Zwiener, James Robert Giddings, Asst. Attys. Gen., Austin, Tex., for defendant-appellant.

Donald S. Shire, U. S. Dept. of Labor, Beatrice Rosenberg, Asst. Gen. Counsel, Paul E. Mirengoff, EEOC, Washington, D. C., for plaintiff-appellee.

Before BROWN, GEWIN and POLITZ, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

The Ultimate Question — Class Action?

The present action was originally brought by the Secretary of Labor (Secretary) to enjoin defendant, the University of Texas at El Paso (University), from violating the Fair Labor Standards Act (FLSA), 29 U.S.C.A. § 206(d), (Equal Pay Act), and 215(a)(2) (1963).1 Jurisdiction is founded on 29 U.S.C.A. § 217.2

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