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DONOVAN v. POINTON

No. 81-2188.

717 F.2d 1320 (1983)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. W.P. POINTON, Jr., an individual, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 22, 1983.

Attorney(s) appearing for the Case

Claude V. Sumner, Midwest City, Okl., for defendant-appellant.

Paula Wright Coleman, Atty., Washington, D.C. (T. Timothy Ryan, Jr., Sol. of Labor, Beate Bloch, Associate Sol., Mary-Helen Mautner and Paula Wright Coleman, Attys., U.S. Dept. of Labor, Washington, D.C., 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 W.D. Pointon, Jr. from violating the overtime and record-keeping provisions of the Act, and to enjoin the continued withholding by the defendant of unpaid wages due as overtime pay to certain of defendant's employees who operated and performed maintenance on heavy equipment used in the defendant's land development...

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