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DOLE v. PETROLEUM TREATERS, INC.

No. 88-3445.

876 F.2d 518 (1989)

Elizabeth DOLE, Secretary of Labor, U.S. Department of Labor, Plaintiff-Appellant, v. PETROLEUM TREATERS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 25, 1989.

Attorney(s) appearing for the Case

Linda Jan S. Pack, William J. Stone, Dept. of Labor, Washington, D.C., George R. Salem, Sol. of Labor, U.S. Dept. of Labor, Daniel Curran, Atty., Dallas, Tex., for plaintiff-appellant.

Charles E. Lugenbuhl, Lugenbuhl, Burke, Wheaton, Peck & Rankin, New Orleans, La., for defendant-appellee.

Before THORNBERRY, WILLIAMS and DAVIS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

The Department of Labor appeals the dismissal of its case against Petroleum Treaters, Inc., which sought to enjoin Treaters from violating the provisions of § 7 and § 15(a)(2) of the Fair Labor Standards Act of 1938 (FLSA), as amended, 29 U.S.C. § 201, et seq., and to recover withheld overtime compensation that was due Treaters' employees under the FLSA. The district court dismissed the case, finding that Treaters...

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