Wirtz v. Hines Realty Company, 22603.
| Citation | 361 F.2d 321 |
| Decision Date | 17 May 1966 |
| Docket Number | No. 22603.,22603. |
| Parties | W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. HINES REALTY COMPANY and Jack Hines, Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
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.
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.
* Of Portland, Oregon, sitting by designation.
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Shultz v. Wheaton Glass Co.
...of the Act. Wirtz v. Malthor, 391 F.2d 1 (9 Cir. 1968); Burk Builders, Inc. v. Wirtz, 355 F.2d 451 (5 Cir. 1966); Wirtz v. Hines Realty Company, 361 F.2d 321 (5 Cir. 1966); Wirtz v. Harper Buffing Co., 18 WH. Cases 894 (2 Cir. 1968) not officially reported), affirming per curiam, 280 F.Supp......
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...only relief given have been reported. Wirtz v. First State Abstract & Ins. Co., 362 F.2d 83 (8th Cir. 1966); Wirtz v. Hines Realty Co., 361 F.2d 321 (5th Cir. 1966) (per curiam); Burk Builders, Inc. v. Wirtz, 355 F.2d 451 (5th Cir. 1966) (per curiam); Wirtz v. Hartley's, Inc., 245 F. Supp. ......
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...it would have been reversed. It was categorically held that "the equities are not with the appellant". See, also, Wirtz v. Hines Realty Company, 5 Cir., 1966, 361 F.2d 321, reaffirming Burk, We agree with the court below that an injunction is a harsh remedy. We are well aware of the legitim......
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