Wirtz v. Rosenthal

388 F.2d 290 W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. William ROSENTHAL, individually and doing business as Cal Classic Furniture Manufacturing Company, and Lynard of California, Inc., a corporation, Appellees. No. 21625. United States Court of Appeals Ninth Circuit. December 8, 1967. Rehearing Denied January 29, 1968. Charles Donahue, Sol. of Labor, Bessie Margolin, Associate Sol., Robert E. Nagle, Joel Chasnoff, Attys., U. S. Dept. of Labor, Washington, D. C., for appellant. William J. Emanuel, Los Angeles, Cal. (argued), Musick, Peeler & Garrett, Los Angeles, Cal., for appellees. Before BARNES and HAMLEY, Circuit Judges, and McNICHOLS, District Judge. PER CURIAM: 1 W. Willard Wirtz, Secretary of Labor, United States Department of Labor, appeals from the dismissal of a suit filed by the Secretary to enjoin violations of the Fair Labor Standards Act, 52 Stat. 1060 (1938), as amended 29 U.S.C. § 201 et seq. (1964). 2 The dismissal was entered under Rule 37(b) (2) of the Federal Rules of Civil Procedure because the Secretary declined to comply with an order of the district court requiring him to produce certain investigative…