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MARSHALL v. LINCOLN SCHOOL DIST. NO. 48

No. 79-1004.

600 F.2d 147 (1979)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Appellant, v. LINCOLN SCHOOL DISTRICT NO. 48, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 7, 1979.

Rehearing and Rehearing Denied June 28, 1979.

Attorney(s) appearing for the Case

Gregory O'Duden, Atty., U. S. Dept. of Labor, Washington, D. C., for appellant; Carin Ann Clauss, Sol. of Labor, Donald S. Shire, Associate Sol. Lois G. Williams, Atty., U. S. Dept. of Labor, Washington, D. C., on the brief.

Walter R. Niblock, Niblock & Odon, Fayetteville, Ark., for appellee; Bruce Munson, Fayetteville, on the brief.

Before LAY and HEANEY, Circuit Judges, and DEVITT, District Judge.

Rehearing and Rehearing En Banc Denied June 28, 1979.

LAY, Circuit Judge.

The Secretary of Labor brought suit in the district court for the Western District of Arkansas to enforce the retaliatory discharge provision under Section 15(a)(3) of the Fair Labor Standards Act, 29 U.S.C. § 215(a)(3), for an alleged retaliatory discharge of four employees of the Lincoln School District. The district court found in favor of the School District on the ground that...

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