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MARSHALL v. J. C. PENNEY CO., INC.

No. C73-530.

464 F.Supp. 1166 (1979)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff, v. J. C. PENNEY COMPANY, INC., Defendant.

United States District Court, N. D. Ohio, E. D.

January 18, 1979.

Attorney(s) appearing for the Case

Ralph D. York, U. S. Dept. of Labor, Nashville, Tenn., Edith Barnett, U. S. Dept. of Labor, Washington, D. C., Linda L. Leasure, U. S. Dept. of Labor, Cleveland, Ohio, for plaintiff.

James C. Sennett, Jr., Thomas E. Fennell, Jones, Day, Reavis & Pogue, Cleveland, Ohio, John G. Mann, Jr., J. C. Penney Co., Inc., New York City, for defendant.

MEMORANDUM OPINION AND ORDER

BATTISTI, Chief Judge.

The Secretary of Labor brought this action on May 24, 1973, pursuant to Section 17 of the Fair Labor Standards Act of 1938 (Act of June, 1938, c. 676, 52 Stat. 1060, as amended, 29 U.S.C. § 201 et seq.), alleging that the defendant J. C. Penney Company, Inc., violated the Act's equal pay provisions (29 U.S.C. § 206(d)) by maintaining an unlawful wage differential at its Great Lakes Mall...

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