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HODGSON v. FAIRMONT SUPPLY COMPANY

No. 71-1430.

454 F.2d 490 (1972)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Appellant, v. FAIRMONT SUPPLY COMPANY, a corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 20, 1972.

Attorney(s) appearing for the Case

Carin Ann Clauss, Atty., Dept. of Labor (Peter G. Nash, Sol. of Labor, and Richard F. Schubert, Sol. of Labor, Bessie Margolin, Associate Sol., Marvin M. Tincher, Regional Atty., and Mack A. Player, Atty., Dept. of Labor, on brief), for appellant.

Alfred J. Lemley, Fairmont, W. Va. (Russell L. Furbee, and Furbee, Amos, Webb & Critchfield, Fairmont, W. Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BOREMAN, Senior Circuit Judge, and CRAVEN, Circuit Judge.

CRAVEN, Circuit Judge:

The Secretary of Labor brought suit in the United States District Court for the Northern District of West Virginia to enjoin Fairmont Supply Company from violating section 6(d) (1) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C.A. § 201 et seq.), and to restrain Fairmont from withholding wages due under section 6(d) (3) of the Act to its employees Mabel Villers, JoAnne Fleming Chipps, and Lois Olson. The pertinent statutory...

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