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BROCK v. R.J. AUTO PARTS AND SERVICE, INC.

No. 86-2493.

864 F.2d 677 (1988)

William E. BROCK, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. R.J. AUTO PARTS AND SERVICE, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 13, 1988.

Attorney(s) appearing for the Case

George R. Salem, Sol. of Labor, Monica Gallagher, Associate Sol., Linda Jan S. Pack, Counsel for Appellate Litigation, Lauriston H. Long, Atty., U.S. Dept. of Labor, Washington, D.C., Tedrick A. Housh, Regional Sol., U.S. Dept. of Labor, Kansas City, Mo., for plaintiff-appellant.

Thomas G. Bearden of McMahon, Berger, Hanna, Linihan, Cody & McCarthy, St. Louis, Mo., and John B. Klenda of Flory, Karstetter, Flory & Klenda, McPherson, Kan., for defendant-appellee.

Before MOORE, SETH and EBEL, Circuit Judges.

SETH, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); Tenth Cir.R. 34.1.8. The cause is therefore ordered submitted without oral argument.

The Secretary of Labor brought this action against R.J. Auto Parts and Service, Inc., under sections 16(c) and 17 of the Fair Labor Standards Act (FLSA), 29...

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