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HODGSON v. UNIVERSITY CLUB TOWER, INC.

No. 72-1028.

466 F.2d 745 (1972)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. UNIVERSITY CLUB TOWER, INC., et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 22, 1972.

Attorney(s) appearing for the Case

Michael H. Levin, U. S. Dept. of Labor, Washington, D. C. (Richard F. Schubert, Sol. of Labor, Carin Ann Clauss, Associate Sol., Donald S. Shire, and Major J. Parmenter, Regional Sol., on brief), for plaintiff-appellant.

G. Douglas Fox, Tulsa, Okl. (W. Thomas Coffman, of Gable, Gotwals, Hays, Rubin & Fox, Tulsa, Okl., on brief), for defendants-appellees.

Before BREITENSTEIN, HILL, and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Claiming that the defendants-appellees are a single enterprise within the meaning of § 3(r) of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., the Secretary sued to enforce the minimum wage, overtime, and record keeping provisions of the Act. The district court denied relief and the Secretary has appealed.

The facts were stipulated. In 1968, defendant-appellee Kin-Ark Company, Inc., a conglomerate, acquired two...

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