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MITCHELL v. BIRKETT

Civ. A. No. 1507.

183 F.Supp. 291 (1960)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Plaintiff, v. M. L. BIRKETT and J. M. Birkett, Individually, and as a Partnership d/b/a The Photo Shop, Defendants.

United States District Court W. D. Arkansas, Fort Smith Division.

May 7, 1960.

Attorney(s) appearing for the Case

Earl Street, Regional Atty., Truett E. Bean, Trial Atty, U. S. Dept. of Labor, Dallas, Tex., for plaintiff.

Bethell & Pearce, Fort Smith, Ark., for defendants.

JOHN E. MILLER, Chief Judge.

Statement

This is an action by the Secretary of Labor to recover wages for five employees of the defendants allegedly due under provisions of the Fair Labor Standards Act of 1938, as amended. 29 U.S.C.A. § 201 et seq. Jurisdiction of this action is conferred upon the court by Section 16(c) of the Act and by 28 U.S.C.A. §§ 1337 and 1345.

It is admitted that the employees were engaged in interstate commerce...

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