DONOVAN v. CARLS DRUG CO., INC.

No. 905, Docket 82-6270.

703 F.2d 650 (1983)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Appellee, v. CARLS DRUG COMPANY, INC., Carl A. Panasci, Individually and Officially, and Ernest M. Pelli, Individually and Officially, Appellants.

United States Court of Appeals, Second Circuit.

Decided February 22, 1983.

Filed March 22, 1983.


Attorney(s) appearing for the Case

Vincent J. Rossi, Jr., Utica, N.Y. (Richard O.C. Kehoe, Kehoe & Murane, Utica, N.Y.), for appellants.

Barbara E. Kahl, Dept. of Labor, Washington, D.C. (Manuel Del Valle, Dept. of Labor, New York City), for appellee.

Before OAKES, and NEWMAN, Circuit Judges, and TENNEY, District Judge.


OAKES, Circuit Judge:

The Secretary filed suit against Carls Drug Company, Inc. (Carls) in May of 1980, alleging, inter alia, violations of the Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (1976) & Supp. V 1981), by Carls' overtime pay policies for its pharmacist employees. Notice was served and an answer filed. In May of 1981, the Secretary filed a Request for Admission of Facts under Federal Rule of Civil Procedure 36(a). These issues are deemed...

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