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HERMAN v. EXPRESS SIXTY-MINUTES DELIVERY SERVICE

No. 97-10764.

161 F.3d 299 (1998)

Alexis M. HERMAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. EXPRESS SIXTY-MINUTES DELIVERY SERVICE, INC., Lynn Williams Clayton, Charles Thomas Clayton and Dee Ann Hopkins, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 4, 1998.

Attorney(s) appearing for the Case

William J. Stone, Ellen Randi Edmond, U.S. Dept. of Labor, Washington, DC, for Plaintiff-Appellant.

James K. Peden, III, David Norman Kitner, Earl Jeffery Story, Strasburger & Price, Dallas, TX, William Bryan Peterson, Brown & Thompson, Fort Worth, TX, for Defendants-Appellees.

Before KING, SMITH and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

The Secretary of Labor appeals from a take-nothing judgment entered by the district court in this Fair Labor Standards Act (FLSA) case. 29 U.S.C. §§ 201, et seq. We affirm.

Procedural Background

Appellant, the Secretary of Labor, brought this FLSA action seeking to enjoin Appellee Express 60-Minutes Delivery Service, Inc. ("Express") from violating the minimum wage, overtime compensation, and...

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