Wirtz v. Hines Realty Company

Full title: W. Willard WIRTZ, Secretary of Labor, United States Department of Labor…

Court: United States Court of Appeals, Fifth Circuit

Date published: May 17, 1966

361 F.2d 321 (5th Cir. 1966)

Opinion

No. 22603.

May 17, 1966.

Bessie Margolin, Associate Sol., William Fauver, Atty., Charles Donahue, Sol., Robert E. Nagle, Atty., Dept. of Labor, Washington, D.C., Beverley R. Worrell, Regional Atty., Dept. of Labor, for appellant.

C.A.L. Johnstone, Jr., Mobile, Ala., McCorvey, Turner, Johnstone, Adams May, Mobile, Ala., Brooks, Garrett Thompson, Brewton, Ala., of counsel, for appellees.

Before TUTTLE, Chief Judge, BELL, Circuit Judge, and KILKENNY,^_ District Judge.

_ Of Portland, Oregon, sitting by designation.

PER CURIAM:

This appeal by the Secretary is from an order of the District Court granting summary judgment to appellees. The Secretary, proceeding under § 17 of the Fair Labor Standards Act, 29 U.S.C.A. § 217, was seeking, inter alia, to restrain appellees from withholding back wages alleged to be due under the Act. The judgment of the District Court was rendered prior to this court's opinion in Burk Builders, Inc. v. Wirtz, 5 Cir., 1966, 355 F.2d 451. The two are patently in conflict and Burk Builders is, of course, controlling.

Accordingly, we reverse and remand for further proceedings not inconsistent herewith.