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DAVIS BROS., INC. v. MARSHALL

Civ. A. No. 80-970.

522 F.Supp. 628 (1981)

DAVIS BROTHERS, INC. v. F. Ray MARSHALL, Secretary of Labor, et al.

United States District Court, N. D. Georgia, Atlanta Division.

September 17, 1981.

Attorney(s) appearing for the Case

John D. Marshall, Lyle J. Guilbeau, Branch & Swann, Atlanta, Ga., for plaintiff.

Douglas P. Roberto, Asst. U. S. Atty., William H. Berger, U. S. Dept. of Labor, Atlanta, Ga., for defendants.

ORDER

ORINDA D. EVANS, District Judge.

In this case, Plaintiff Davis Brothers, Inc. ("Davis") asks the Court to strike down 29 C.F.R. § 531.30 as inconsistent with section 3(m) of the Fair Labor Standards Act, 29 U.S.C. § 203(m). Davis also seeks an injunction preventing the Secretary of Labor (the "Secretary") from any enforcement actions against Davis on the basis of 29 C.F.R. § 531.30. In a counterclaim the Secretary requests that the Court...

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