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DONOVAN v. TIERRA VISTA, INC.

Nos. 84-1789, 84-1810.

796 F.2d 1259 (1986)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, and Randell Craig Mondy, Plaintiffs-Appellants, v. TIERRA VISTA, INC. and Ross Flood, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 11, 1986.

Attorney(s) appearing for the Case

Wendy Bader (Francis X. Lilly, Sol. of Labor, Joseph M. Woodward, Acting Associate Sol., Linda Jan S. Pack, Counsel for Appellate Litigation, Barbara E. Kahl, Atty., and James E. White, Regional Sol., on briefs), U.S. Dept. of Labor, Washington, D.C., for plaintiffs-appellants.

Richard L. Barnes (Craig T. Limbocker, with him on brief) of Nichols, Wolfe, Stamper, Nally & Fallis, Inc., Tulsa, Okl., for defendants-appellees.

(Patrick G. Stoia, Tulsa, Okl., on brief, for plaintiff-appellant Randell C. Mondy.)

Before McKAY, LOGAN and BALDOCK, Circuit Judges.

McKAY, Circuit Judge.

The Secretary of Labor and Randell C. Mondy appeal the trial court's failure to enjoin Mr. Mondy's employer from withholding unpaid overtime compensation. They brought this action under section 17 of the Fair Labor Standards Act (FLSA), 29 U.S.C.A. § 217 (West 1985), charging that the employer, Tierra Vista, Inc., and its president, Ross Flood, willfully violated the overtime and record-keeping provisions of the Act. The trial court found...

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