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WIRTZ v. McCLURE

No. 7522.

333 F.2d 45 (1964)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. Fred McCLURE, Appellee.

United States Court of Appeals Tenth Circuit.

June 3, 1964.

Attorney(s) appearing for the Case

Robert E. Nagle, Attorney, United States Department of Labor (Charles Donahue, Solicitor of Labor, Bessie Margolin, Associate Solicitor, and Earl Street, Regional Attorney, on the brief), for appellant.

John B. Ogden, Oklahoma City, Okl., for appellee.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This action was brought by the appellant, Secretary of Labor, to recover unpaid minimum wages and overtime compensation claimed due under the Fair Labor Standards Act of 1938, as amended.1 The trial court held for the defendant employer.

The employer is a contract mail carrier for the United States Post Office Department. During the period April 10 to June 26, 1961, one Smith was employed as a truck...

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