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DOLE v. TRUSTY

Civ. No. 88-2085.

707 F.Supp. 1074 (1989)

Elizabeth H. DOLE, Secretary of Labor, United States Department of Labor, Plaintiff, v. Ray TRUSTY, Lavada Trusty, and Randy Trusty, Individually, and Ray Trusty Hauling, Inc., also known as Ray Trusty Hauling, Defendants.

United States District Court, W.D. Arkansas, Fort Smith Division.

March 2, 1989.

Attorney(s) appearing for the Case

Daniel Curran, Office of the Sol., Dallas, Tex., for plaintiff.

Ernie Witt, Witt Law Firm, P.C., Paris, Ark., for defendants.

MEMORANDUM OPINION

MORRIS SHEPPARD ARNOLD, District Judge.

This is an action brought by the Secretary of Labor to enforce the overtime and record-keeping provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 207, 211(c), 215(a)(2), and 215(a)(5). This court has jurisdiction over this cause by virtue of 29 U.S.C. § 217, and there is no question that the Act applies since defendant* is engaged "in commerce...

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