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MARSHALL v. GERWILL, INC.

Civ. A. No. J-78-1329.

495 F.Supp. 744 (1980)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff, v. GERWILL, INC., doing business as Local Cab Co., and Willard Durbin, Individually and as an Officer thereof, Defendant.

United States District Court, D. Maryland.

August 13, 1980.

Attorney(s) appearing for the Case

Carin A. Clauss, Sol. of Labor, Washington, D. C., Marshall H. Harris, Regional Sol., Joan M. Roller, U. S. Dept. of Labor, Philadelphia, Pa., Russell T. Baker, Jr., U. S. Atty., Ellen L. Hollander, Asst. U. S. Atty., Baltimore, Md., for plaintiff.

John Wheeler Glenn, O'Connor, Preston, Glenn & Smith, P. A., Baltimore, Md., for defendant.

MEMORANDUM AND ORDER

SHIRLEY B. JONES, District Judge.

Plaintiff, the Secretary of Labor, United States Department of Labor, brought this action against the defendants seeking monetary and injunctive relief for various violations of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201-219 (FLSA). Plaintiff essentially contends that:

(1) the defendants failed to pay certain employees (taxicab drivers) minimum

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