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DONOVAN v. FREZZO BROS., INC.

No. 81-2405.

678 F.2d 1166 (1982)

Raymond J. DONOVAN, Secretary of Labor United States Department of Labor v. FREZZO BROTHERS, INC., and Frezzo, Guido, Individually and as a corporate officer and Frezzo, James, Individually and as a corporate officer, Appellants.

United States Court of Appeals, Third Circuit.

Decided May 20, 1982.

As Amended June 1, 1982.

Rehearing and Rehearing Denied June 24, 1982.

Attorney(s) appearing for the Case

Charles J. Bloom (argued), Hunt, Kerr, Bloom & Hitchner, Philadelphia, Pa., for appellants.

T. Timothy Ryan, Jr., Sol. of Labor, Beate Bloch, Associate Sol., Mary-Helen Mautner, Barbara E. Kahl (argued), Attys., Marshall H. Harris, Regional Sol., U. S. Dept. of Labor, Washington, D. C., for appellee.

Before GIBBONS, SLOVITER and BECKER, Circuit Judges.

Rehearing and Rehearing In Banc Denied June 24, 1982.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Frezzo Brothers, Inc. (Frezzo), appeals from a permanent injunction directing it to pay overtime wages to its employees under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. (1976).

On January 17, 1979, the Secretary of Labor filed a complaint against Frezzo Brothers, alleging that it had violated the FLSA by failing...

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