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MARSHALL v. ERIN FOOD SERVICES, INC.

No. 80-1765.

672 F.2d 229 (1982)

Ray MARSHALL, Secretary of Labor, etc., Plaintiff, Appellee, v. ERIN FOOD SERVICES, INC., d/b/a Burger King, and David W. Murray, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided February 22, 1982.

Attorney(s) appearing for the Case

Joseph Williams, and Kfoury & Williams, Manchester, N. H., on brief for defendants, appellants.

T. Timothy Ryan, Jr., Sol. of Labor, Albert H. Ross, Regional Sol., Boston, Mass., Donald S. Shire, Associate Sol., Mary-Helen Mautner and Barbara E. Kahl, Attys., U. S. Dept. of Labor, Washington, D. C., on brief for plaintiff, appellee.

Before CAMPBELL and BOWNES, Circuit Judges, and WYZANSKI, Senior District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

The Secretary of Labor brought this action against Erin Food Services, Inc. to restrain defendant from continuing alleged violations of the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., and to recover back pay for overtime allegedly due certain employees. After a bench trial, the district court granted the relief sought by the Secretary. Defendant appeals. We affirm.

Defendant is a franchisee of Burger...

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