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BROCK v. RICHARDSON

Nos. 86-3118, 86-3119.

812 F.2d 121 (1987)

William E. BROCK, Secretary of Labor, United States Department of Labor, Appellant in No. 86-3118, Cross-Appellee in No. 86-3119, v. Homer Alan RICHARDSON, d/b/a Richardson Construction, Appellee in No. 86-3118, Cross-Appellant in No. 86-3119.

United States Court of Appeals, Third Circuit.

Decided February 18, 1987.

As Amended February 23, 1987.

Attorney(s) appearing for the Case

Marshall Harris, Regional Solicitor, George R. Salem, Deputy Solicitor of Labor, Monica Gallagher, Associate Solicitor, Linda Jan S. Pack, Counsel for Appellate Litigation, Carol Arnold (argued), Attorney, U.S. Dept. of Labor, Washington, D.C., for appellant/cross-appellee.

Henry Miller, III (argued), Pittsburgh, Pa., for appellee/cross-appellant.

Before SLOVITER and STAPLETON, Circuit Judges, and GREEN, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The district court found that Homer Alan Richardson, d/b/a Richardson Construction, discharged his employee George F. Banyas in violation of section 15(a)(3) of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 215(a)(3), because he believed Banyas had filed a complaint with the Wage and Hour Division of the United States Department of Labor. Richardson appeals, arguing that the district court erred in failing...

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