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DONOVAN v. McKISSICK PRODUCTS CO.

No. 82-1255.

719 F.2d 350 (1983)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. McKISSICK PRODUCTS COMPANY and American Hoist and Derrick Company, d/b/a McKissick Products Division, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

October 19, 1983.

Attorney(s) appearing for the Case

Richard L. Barnes of Nichols & Wolfe, Inc., Tulsa, Okl., for defendants-appellants.

Patricia Saik, Atty., Washington, D.C. (T. Timothy Ryan, Jr., Sol. of Labor, Beate Bloch, Associate Sol., Joseph M. Woodward, Atty., Washington, D.C., and James E. White, Regional Sol., Dallas, Tex., with her on brief), for plaintiff-appellee.

Before SETH, Chief Judge, McWILLIAMS, Circuit Judge, and KERR, District Judge.

McWILLIAMS, Circuit Judge.

The Secretary of Labor brought this action under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., to enjoin McKissick Products Division and its parent corporation, American Hoist and Derrick Company, from violating the overtime pay provisions of the Act, 29 U.S.C. § 207, and from continuing to withhold overtime compensation due certain of its employees.

The principal issue initially decided by the district...

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