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MARTIN v. GINGERBREAD HOUSE, INC.

No. 91-1157.

977 F.2d 1405 (1992)

Lynn MARTIN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. GINGERBREAD HOUSE, INC.; Patricia Jo Stone; James Z. Stone, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 21, 1992.

Attorney(s) appearing for the Case

Lauriston H. Long, Atty. (David S. Fortney, Deputy Sol. of Labor, Monica Gallagher, Associate Sol., and William J. Stone, Counsel for Appellate Litigation, with her on the briefs), U.S. Dept. of Labor, Washington, D.C., for plaintiff-appellant.

Patricia Jo Stone (Richard LiPuma with her on the brief), Stone & Associates, Lakewood, Colo., for defendants-appellees.

Before SEYMOUR and BARRETT, Circuit Judges, and HUNTER, District Judge.

SEYMOUR, Circuit Judge.

The Secretary of Labor brought this suit against Gingerbread House, Inc., Patricia Jo Stone, and James Z. Stone under 29 U.S.C. § 215(a)(3) (1988) (Fair Labor Standards Act) alleging two instances of unlawful retaliation against employees of Gingerbread House. The Secretary contends that defendants unlawfully filed a third party complaint seeking indemnity from four employees, and that defendants discharged one of the employees in retaliation...

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