Paradise Valley Investigation And Patrol Services, Inc. v. United States District Court, District Of Arizona

521 F.2d 1342 22 Wage & Hour Cas. (BN 458, 77 Lab.Cas. P 33,286 PARADISE VALLEY INVESTIGATION AND PATROL SERVICES, INC., a corporation, Petitioner, v. UNITED STATES DISTRICT COURT, DISTRICT OF ARIZONA, Respondent, John T. DUNLOP, Secretary of Labor, United States Department of Labor, Real Party in Interest. No. 75-1584. United States Court of Appeals, Ninth Circuit. Aug. 14, 1975. Louis G. Jekel (argued), Scottsdale, Ariz., for petitioner. Ann Galzani, Atty. (argued), U.S. Dept. of Labor, Washington, D. C., for respondent. Before KILKENNY, CHOY, and GOODWIN, Circuit Judges. ALFRED T. GOODWIN, Circuit Judge: 1 Paradise Valley Investigation and Patrol Services, Inc., an employer defending an action brought by the Secretary of Labor, seeks by way of mandamus in this court to compel the district court to grant a trial by jury. The writ is denied. 2 The Secretary of Labor is proceeding against Paradise Valley under § 17 of the Fair Labor Standards Act of 1938, 29 U.S.C. § 217 . 1 The Secretary seeks to enjoin noncompliance with the overtime pay provisions of 29 U.S.C. § 207 . Specifically, the Secretary prays for mandatory relief compelling Paradise to (1) disgorge…