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USERY v. CHEF ITALIA

Civ. A. No. 76-3011.

540 F.Supp. 587 (1982)

W. J. USERY, Jr., Secretary of Labor, United States Department of Labor, Plaintiff, v. CHEF ITALIA, a corporation, and Chef Italia of Bustleton, Inc., a corporation doing business as the Villa; and Chef Italia of Wynnewood, Inc., a corporation doing business as the Villa; and Chef Italia of Plymouth Meeting, Inc., a corporation doing business as the Villa; and Chef Italia of Springfield, Inc., a corporation doing business as the Villa, Defendants, Raymond J. Donovan, Secretary of Labor, United States Department of Labor, Petitioner.

United States District Court, E. D. Pennsylvania.

June 3, 1982.

Attorney(s) appearing for the Case

Marshall H. Harris, Joan Roller, U. S. Dept. of Labor, Philadelphia, Pa., for plaintiff.

Robert W. Hartland, Pittsburgh, Pa., Christopher Walters, Philadelphia, Pa., for defendants.

MEMORANDUM AND ORDER

JOHN MORGAN DAVIS, Senior District Judge.

The issue, in this Fair Labor Standards Act1 [hereafter the Act] litigation, is whether alleged violations of the Act's minimum wage provisions (§ 6)2 for which both injunctive relief and liquidated damages are sought, are cognizable by this court when pursued as an adjunct to a petition for adjudication of civil contempt to enforce...

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