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BROCK v. GINGERBREAD HOUSE, INC.

No. 85-2021.

907 F.2d 115 (1989)

William E. BROCK, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. GINGERBREAD HOUSE, INC., Patricia Jo Stone and James Stone, Defendants-Appellees/Third Party Plaintiffs, v. Vicki BLATCHLEY and Beth Nelson, Third Party Defendants.

United States Court of Appeals, Tenth Circuit.

October 18, 1989.

Attorney(s) appearing for the Case

Lauriston H. Long, Atty. (George R. Salem, Sol., Monica Gallagher, Associate Sol. and Linda Jan S. Pack, Counsel for Appellate Litigation, Dept. of Labor, with her on the brief), Washington, D.C., for plaintiff-appellant.

Thomas H. Melton, Denver, Colo., for defendants-appellees/third party plaintiffs.

Before HOLLOWAY, Chief Judge, and McWILLIAMS and BRORBY, Circuit Judges.

HOLLOWAY, Chief Judge.

The Secretary appeals the dismissal of his action against Gingerbread House, Inc. (Gingerbread), Patricia Jo Stone and James Z. Stone which charged Gingerbread with violating the provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., Donovan v. Gingerbread House, Inc., 106 F.R.D. 57 (10th Cir.1985). The Secretary of Labor (Secretary) charged that the defendants violated sections 15(a)(2), 15(a)(3) and 15(a)(5...

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