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MARSHALL v. BRUNNER

Nos. 80-2700, 81-1040.

668 F.2d 748 (1982)

Ray MARSHALL, Secretary of Labor United States Department of Labor, Appellee, v. Ruth A. BRUNNER, Executrix of the Estate of Robert Brunner, deceased, and Ruth A. Brunner, individually and as Successor to Robert Brunner, Appellant. Ray MARSHALL, Secretary of Labor United States Department of Labor, Appellant, v. Ruth A. BRUNNER, Executrix of the Estate of Robert Brunner deceased, Ruth A. Brunner individually and Successor to Robert Brunner, Appellee.

United States Court of Appeals, Third Circuit.

Decided January 14, 1982.

Rehearing and Rehearing Denied February 10, 1982.

Attorney(s) appearing for the Case

T. Timothy Ryan, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., Washington, D. C., Marshall H. Harris, Regional Sol., Philadelphia, Pa., Mary Ann Bernard (argued), Joseph Woodward, Attys., U. S. Dept. of Labor, Washington, D. C., for appellee in 80-2700, appellant in 81-1040.

Wendell G. Freeland (argued), Richard F. Kronz; Freeland & Kronz, Pittsburgh, Pa., for appellant in 80-2700, appellee in 81-1040.

Before SEITZ, Chief Judge, GARTH, Circuit Judge and CAHN, District Judge.

Rehearing and Rehearing In Banc Denied February 10, 1982.

OPINION OF THE COURT

GARTH, Circuit Judge:

The Secretary of Labor, in a complaint that charged Brunner1 with violations of the Fair Labor Standards Act of 1938, sought an injunction against future violations of the Act, back pay for Brunner's employees, and the imposition of liquidated damages in an amount equal to the back pay. After a trial on the merits, the...

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