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MITCHELL v. INDEPENDENT ICE & COLD STORAGE COMPANY

No. 18569.

294 F.2d 186 (1961)

James P. MITCHELL, Secretary of Labor, United States Department of Labor (Arthur J. Goldberg, Secretary of Labor, substituted as party appellant in the place and stead of James P. Mitchell, resigned), Appellant, v. INDEPENDENT ICE & COLD STORAGE COMPANY, Inc., and Dan Arias, Appellees.

United States Court of Appeals Fifth Circuit.

August 16, 1961.

Attorney(s) appearing for the Case

Bessie Margolin, Asst. Sol., Jacob I. Karro, Atty., Harold C. Nystrom, Acting Sol. of Labor, Jack H. Weiner, Atty., U. S. Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., Birmingham, Ala., for appellant.

T. Paine Kelly, Jr., Paull E. Dixon, Tampa, Fla., for appellees, Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., of counsel.

Before TUTTLE, Chief Judge, and JONES and WISDOM, Circuit Judges.

JONES, Circuit Judge.

The Secretary of Labor, as authorized by Section 16(c) of the Fair Labor Standards Act, as amended,1 brought two actions, which were consolidated by the district court, seeking to recover unpaid minimum wages under Section 6 of the Act,2 and for overtime compensation under Section 7 of the Act,3 for thirteen employees and former employees of the corporate appellee...

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