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REICH v. BAY, INC.

No. 93-7505.

23 F.3d 110 (1994)

Robert B. REICH, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. BAY, INC., BBI, Inc., a Corporation; and Allen Berry, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 17, 1994.

Attorney(s) appearing for the Case

Neil Martin, Gardere & Wynne, Houston, TX, for defendants-appellants.

William J. Stone, Paula Wright Coleman, Counsel, U.S. Dept. of Labor, Washington, DC, Anthony Parham, Office of Sol., U.S. Dept. of Labor, Dallas, TX, for plaintiff-appellee.

Before WOOD, SMITH, and DUHÉ, Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge.

This appeal arises from proceedings the Secretary of Labor (the Secretary) instigated against Bay, Inc. (Bay), BBI, Inc. (BBI), and BBI president Allen Berry for violations of the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq. (FLSA). Bay is a general contractor that provides construction management, materials, equipment, and other services to refineries. BBI, now defunct, was a subcontractor that provided labor...

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