BROCK v. RUSCO INDUSTRIES, INC.

No. 87-8389.

842 F.2d 270 (1988)

William E. BROCK, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. RUSCO INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 11, 1988.


Attorney(s) appearing for the Case

William H. Berger, Office of the Sol., U.S. Dept. of Labor, Atlanta, Ga., Linda Jan S. Pack, Office of Sol., Dept. of Labor, William J. Stone, Washington, D.C., for plaintiff-appellant.

A. Stephenson Wallace, Bush, Wallace & Craig, P.C., Augusta, Ga., for defendant-appellee.

Before FAY and KRAVITCH, Circuit Judges, and ATKINS, Senior District Judge.


FAY, Circuit Judge:

Prior to filing for bankruptcy, Rusco Industries, Inc. ("Rusco") violated the Fair Labor Standards Act ("FLSA") §§ 1-19, 29 U.S.C. §§ 201-219 (1982), by not paying its employees for their final two weeks of work. Consequently, the Secretary of Labor brought an action in district court to prevent the sale of all the goods produced in violation of the FLSA. The district court found that the Bankruptcy Code automatically stayed...

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