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MARSHALL v. PARKING CO. OF AMERICA-DENVER, INC.

No. 80-1565.

670 F.2d 141 (1982)

Ray MARSHALL, Secretary of Labor of the United States Department of Labor, Plaintiff-Appellee, v. PARKING COMPANY OF AMERICA-DENVER, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 3, 1982.

Attorney(s) appearing for the Case

Paul A. Baca, Denver, Colo., for defendant-appellant.

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

Before SETH, Chief Judge, BREITENSTEIN, Circuit Judge, and KUNZIG, Judge.

PER CURIAM.

This is an action brought by the Secretary of Labor under the Fair Labor Standards Act (29 U.S.C. § 201 et seq.) against Parking Company of America-Denver seeking back pay and reinstatement for Mr. Ray Swann who had been employed by the Company. He had been the attendant at a parking garage operated by the Company.

The trial court held that Mr. Swann had been discharged in violation of section 15(a)(3) of the Act, and that he was due back...

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