Wirtz v. Malthor, Inc.

391 F.2d 1 W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. MALTHOR, INC., a corporation, doing business as Purity French Bakery, and Antonio Malfa, Individually and as President of Malthor, Inc., Appellees. No. 21322. United States Court of Appeals Ninth Circuit. March 7, 1968, Rehearing Denied April 18, 1968. Bessie Margolin, Associate Solicitor (argued), Charles Donahue, Solicitor of Labor, Robert E. Nagle, William Fauver, Attorneys, U.S. Department of Labor, Washington, D.C., Altero D'Agostini, Regional Attorney, U.S. Department of Labor, San Francisco, Cal., for appellant. Samuel B. Francovich (argued), Melvin Schaengold, Reno, Nev., for appellee. Before MADDEN, Judge of the United States Court of Claims, and JERTBERG and DUNIWAY, Circuit Judges. JERTBERG, Circuit Judge: 1 The Secretary of Labor brought this action under 17 of the Fair Labor Standards Act (Act of June 25, 1938, c. 676, 52 Stat. 1060 , as amended, 29 U.S.C. 201 et seq., i9 U.S.C. 217) 1 to enjoin appellees from violating the Act's monetary, record-keeping and shipping requirements, and from withholding unpaid minimum wages and overtime compensation due certain of their…