SHULTZ v. FALK

No. 14572.

439 F.2d 340 (1971)

George P. SHULTZ, Secretary of Labor, United States Department of Labor, Appellant, v. E. E. FALK, individually and as a partner in Drucker and Falk, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 3, 1971.


Attorney(s) appearing for the Case

Mack A. Player, Atty., Dept. of Labor (Laurence H. Silberman, Sol. of Labor, Bessie Margolin, Associate Sol., Marvin M. Tincher, Regional Atty., Carin Ann Clauss and David A. Drachsler, Attys., Dept. of Labor, on the brief) for appellant.

Herbert W. Kelly, Newport News, Va. (E. D. David, and Jones, Blechman, Woltz & Kelly, Newport News, Va., on the brief) for appellees.

Before WINTER, CRAVEN and BUTZNER, Circuit Judges.


WINTER, Circuit Judge:

The Secretary of Labor sued for an injunction under § 17 of the Fair Labor Standards Act, 29 U.S.C.A. §§ 201 et seq. to enjoin defendants from violating the minimum wage, overtime, and record-keeping provisions of the Act, and to restrain them from withholding back wages owed to their employees. Defendants are copartners carrying on a building management business and the employees concerned are maintenance workers. The...

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