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SECRETARY OF LABOR v. DeSISTO

Nos. 90-1870, 90-1937.

929 F.2d 789 (1991)

SECRETARY OF LABOR, Plaintiff, Appellee, v. A. Michael DeSISTO, Defendant, Appellee, The DeSisto Schools, Inc., Defendant, Appellant. Elizabeth DOLE, Secretary of Labor, Plaintiff, Appellant, v. A. Michael DeSISTO, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 29, 1991.

Attorney(s) appearing for the Case

Stephen M. Sheehy, with whom Howard M. Brown, Boston, Mass., Thomas M. Looney, Hyde Park, Mass., and Kaye, Fialkow, Richmond & Rothstein, Boston, Mass., were on brief for A. Michael DeSisto and DeSisto Schools, Inc.

Claire Brady White, Atty., U.S. Dept. of Labor, with whom Robert P. Davis, Sol. of Labor, Monica Gallagher, Associate Sol., William J. Stone, Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, D.C., were on brief for Secretary of Labor.

Before TORRUELLA and SELYA, Circuit Judges, and POLLAK, Senior District Judge.

TORRUELLA, Circuit Judge.

The Secretary of Labor filed this action against The DeSisto Schools, Inc. ("the Schools") and the Schools' founder and director, A. Michael DeSisto, alleging violations of the minimum pay and overtime requirements of the Fair Labor Standards Act ("FLSA" or "Act"), 29 U.S.C. § 201 et seq. Following a one-day bench trial, the district court concluded that the Schools were liable for $951,399.18 in unpaid back wages and liquidated...

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