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REICH v. SOUTHERN MARYLAND HOSP., INC.

No. 93-2344.

43 F.3d 949 (1995)

Robert B. REICH, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. SOUTHERN MARYLAND HOSPITAL, INCORPORATED, t/a Southern Maryland Hospital Center; Francis P. Chiaramonte, M.D., individually and as a corporate officer, Defendants-Appellants, and Sebastian Suriani, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided January 13, 1995.

Attorney(s) appearing for the Case

ARGUED: Warren Malcolm Davison, Littler, Mendelson, Fastiff & Tichy, Baltimore, MD, for appellants. Joan Brenner, U.S. Dept. of Labor, Washington, DC, for appellee. ON BRIEF: John W. Kyle, Littler, Mendelson, Fastiff & Tichy, Baltimore, MD, for appellants. Thomas S. Williamson, Jr., Solicitor of Labor, Monica Gallagher, Associate Solicitor, William J. Stone, Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, DC, for appellee.

Before ERVIN, Chief Judge, and WIDENER and WILKINSON, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Chief Judge ERVIN wrote the opinion, in which Judge WIDENER and Judge WILKINSON joined.

OPINION

ERVIN, Chief Judge:

This is an appeal from a judgment rendered in the District Court of Maryland under the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. ("FLSA"). The Secretary of Labor (the "Secretary") brought this suit on behalf of more than 3,000 present and past...

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