Brennan v. Keyser

507 F.2d 472 22 Wage & Hour Cas. (BN 46, 75 Lab.Cas. P 33,178 Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Appellant and Cross-Appellee, v. Thomas E. KEYSER, Individually, and d/b/a Keyser Towing Company, Appellee and Cross-Appellant, and Oscar Shepard, Individually, and Hollenbeck Tow Service, A Corporation, Appellees and Cross-Appellants. Nos. 72-2887, 72-2960, 72-2888 and 72-2961. United States Court of Appeals, Ninth Circuit. Nov. 25, 1974 Certiorari Denied March 31, 1975 See 95 S.Ct. 1446 . Donald S. Shire (argued), Counsel for App. Litigation, U.S. Dept. of Labor, Washington, D.C., for appellant. G. G. Baumen (argued), Los Angeles, Cal., for appellee and cross-appellant. Before CHAMBERS and CHOY, Circuit Judges, and McNICHOLS, * District judge. OPINION CHOY, Circuit Judge: 1 The Secretary of Labor brought these actions to enforce the overtime pay provisions of Section 7, Fair Labor Standards Act, 29 U.S.C. 207. The defendant companies (Keyser and Shepard) operate automobile towing services in the Los Angeles area. The district court dismissed both actions, concluding that although Keyser and Shepard were engaged in interstate commerce and…