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HODGSON v. STATE OF MISSOURI

Civ. A. No. 19033-2.

340 F.Supp. 1188 (1972)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff, v. STATE OF MISSOURI, Defendant.

United States District Court, W. D. Missouri, W. D.

April 18, 1972.

Attorney(s) appearing for the Case

Peter G. Nash, Solicitor of Labor, U. S. Dept. of Labor, Harper Barnes, Regional Atty., T. A. Housh, Jr., Kansas City, Mo., for plaintiff.

John C. Danforth, Atty. Gen. of Missouri, Charles A. Blackmar and Peter H. Ruger, Asst. Attys. Gen., for defendant.

MEMORANDUM OPINION AND SUMMARY JUDGMENT

COLLINSON, District Judge.

In 1966 Congress amended the Fair Labor Standards Act to make its provisions concerning compensation for overtime applicable to employees of State schools and hospitals. The State of Missouri, admittedly, did not comply with the law in respect to its employees in state mental hospitals.

In 1968 the Supreme Court held the 1966 amendment constitutional in the case of Maryland v. Wirtz...

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