Ann Mclaughlin v. Owens Plastering Company

841 F.2d 299 28 Wage & Hour Cas. (BN 899, 95 A.L.R.Fed. 855, 56 USLW 2532 , 108 Lab.Cas. P 35,035 , 10 Fed.R.Serv.3d 715 Ann McLAUGHLIN, * Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. OWENS PLASTERING COMPANY, a Corporation; and Willard E. Owens, Individually and as Managing Agent of Corporate Defendant, Defendants-Appellants. No. 87-1562. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 14, 1988. Decided March 7, 1988. Richard McKnight, Las Vegas, Nev., for defendants-appellants. Mary Helen Mautner and James M. Kraft, U.S. Dept. of Labor, Washington, D.C., for plaintiff-appellee. Before SKOPIL, SCHROEDER, and ALDISERT, ** Circuit Judges. SCHROEDER, Circuit Judge: 1 This is an interlocutory appeal, pursuant to section 1292(b), in which Owens Plastering Company appeals the district court's denial of its request for a jury trial in this Fair Labor Standards Act enforcement case. We reverse because we hold that the Secretary has set forth a claim for legal as well as equitable relief. See Dairy Queen, Inc. v. Wood, 369 U.S. 469 , 82 S.Ct. 894 , 8 L.Ed.2d 44 (1962). 2 The Secretary of Labor filed this action in September…