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MARSHALL v. QUIK-TRIP CORP.

No. 79-1843.

672 F.2d 801 (1982)

Ray MARSHALL, Secretary of Labor United States Department of Labor, Plaintiff-Appellant, v. QUIK-TRIP CORPORATION, a Corporation, and William Bell, and John Cly, and John Scott, and Richard Slivocka, and Dennis R. Wilcox, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 12, 1982.

Attorney(s) appearing for the Case

Peter B. Dolan, Atty., U. S. Dept. of Labor, Washington, D. C. (Carin Ann Clauss, Sol. of Labor, Donald S. Shire, Associate Sol., Mary Helen Mautner, Atty., U. S. Dept. of Labor, Washington, D. C., and Tedrick A. Housh, Jr., Regional Sol., Kansas City, Mo., were also on the brief), for plaintiff-appellant.

Richard Barnes, Tulsa, Okl. (Kothe, Nichols & Wolfe, Inc., Tulsa, Okl., were on the brief), for defendants-appellees.

Before HOLLOWAY, BARRETT and LOGAN, Circuit Judges.

HOLLOWAY, Circuit Judge.

The Secretary of Labor brought this action under §§ 16(c) and 17 of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 216(c) and 217, seeking to enjoin defendants from violating overtime compensation provisions of the FLSA and to recover back wages and liquidated damages for the employees affected. The Secretary alleged that defendants Quik-Trip and William Bell had filed with the Department of Labor "reports of retroactive...

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