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DONOVAN v. UNITED VIDEO, INC.

No. 80-2215.

725 F.2d 577 (1984)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. UNITED VIDEO, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 17, 1984.

Attorney(s) appearing for the Case

Richard L. Barnes, Tulsa, Okl. (Kothe, Nichols & Wolfe, Inc., Tulsa, Okl., were also on brief), for defendant-appellant.

Paula W. Coleman, Atty., U.S. Dept. of Labor, Washington, D.C. (T. Timothy Ryan, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., Mary-Helen Mautner and Ruth E. Peters, Attys., U.S. Dept. of Labor, Washington, D.C., and James E. White, Regional Sol., Dallas, Tex., were also on brief), for plaintiff-appellee.

Before SETH, Chief Judge, and HOLLOWAY and BARRETT, Circuit Judges.

HOLLOWAY, Circuit Judge.

United Video appeals from a judgment of the district court enjoining it from violating provisions of the Fair Labor Standards Act of 1938, as amended ("FLSA" or "Act"), 29 U.S.C. §§ 201 et seq., and from withholding back pay for overtime due certain of its microwave system engineers. The district court concluded that the microwave system engineers were covered by the Act, and therefore entitled to be paid at one and one-half...

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