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USERY v. RICHMAN

Civ. No. A3-75-16.

433 F.Supp. 364 (1976)

W. J. USERY, Secretary of Labor [Successor to John T. Dunlop Resigned], United States Department of Labor, Plaintiff, v. Willard RICHMAN, Individually and Richman-Anderson, Inc., a corporation, trading as Tower View Cafe, Defendants.

United States District Court, D. North Dakota, Southeastern Division.

June 21, 1976.

Attorney(s) appearing for the Case

Harold O. Bullis, U. S. Atty., Fargo, N. D., U. S. Dept. of Labor, William J. Kilberg, Solicitor of Labor, T. A. Housh, Jr., Reg. Solicitor, Washington, D. C., Henry C. Mahlman, Assoc. Reg. Solicitor, Ann M. Noble, Attorney, Office of the Solicitor, Denver, Colo., for plaintiff.

Frank J. Magill, Nilles, Hansen, Selbo, Magill & Davies, Fargo, N. D., for defendants.

MEMORANDUM OF DECISION AND ORDER

BENSON, Chief Judge.

This is an action instituted by the Secretary of Labor, United States Department of Labor, under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201 et seq., for alleged violations of the Equal Pay Act, 29 U.S.C. § 206(d), in that Defendants allegedly paid the female employees of the Tower View Cafe less than was paid the male employee solely on the basis of sex. The...

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