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NATIONAL LEAGUE OF CITIES v. MARSHALL

Civ. A. No. 74-1812.

429 F.Supp. 703 (1977)

The NATIONAL LEAGUE OF CITIES et al., Plaintiffs, v. F. Ray MARSHALL, Secretary of Labor of the United States, Defendant.

United States District Court, District of Columbia.

Declaratory Judgment, March 9, 1977.

As Amended May 25, 1977.

Attorney(s) appearing for the Case

Charles S. Rhyne, William S. Rhyne, Richard J. Bacigalupo, Washington, D. C., for plaintiffs; Evelle J. Younger, Atty. Gen., Willard A. Shank, Talmadge R. Jones, Sacramento, Cal., on brief.

David Schlee, Asst. U. S. Atty., Washington, D. C., for defendant; Alfred G. Albert, Acting Sol. of Labor, Carl W. Gerig, Jr., Deputy Associate Sol., U. S. Dept. of Labor, Washington, D. C., on brief; Carin Ann Clauss, Associate Sol., U. S. Dept. of Labor, Washington, D. C., on argument.

Before LEVENTHAL, Circuit Judge, and GASCH and PARKER, District Judges.

MEMORANDUM

PER CURIAM:

Plaintiff states and cities brought this suit to challenge the Fair Labor Standards Amendments of 1974, P.L. 93-259, 88 Stat. 55, amending the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201, et seq. We were troubled by plaintiffs' contentions, but being bound by the Supreme Court's Wirtz decision, we held for the defendant Secretary of Labor.1 In National League of Cities v...

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