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MARSHALL v. ROOT'S RESTAURANT, INC.

No. 80-3377.

667 F.2d 559 (1982)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. ROOT'S RESTAURANT, INC., doing business as Root's Restaurant and doing business as Triangle Lake and Orlow D. Pfaff, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 4, 1982.

Rehearing Denied January 29, 1982.

Attorney(s) appearing for the Case

Benjamin T. Chinni, U. S. Dept. of Labor, Cleveland, Ohio, Donald S. Shire; U. S. Dept. of Labor, Eleanor Jenkins, Washington, D. C., for plaintiff-appellee.

Robert F. Weaver, Jr., Vorys, Sater, Seymour & Pease, Columbus, Ohio, Charles E. Reed, Lancaster, Ohio, for defendants-appellants.

Before LIVELY and MARTIN, Circuit Judges, and ALLEN, District Judge.

PER CURIAM.

The defendants appeal from a judgment of the district court finding them in violation of the minimum wage provisions of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201, et seq. The district court found that the defendants required waitresses employed by them to wear uniforms at work and that when the first week's wages of various waitresses were reduced by the cost of uniforms required to start work, the total paid these...

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