In Re Don Hamilton Oil Co.

Petitioner Don Hamilton Oil Co. seeks a writ of mandamus to compel the District Court to grant its demand for a jury trial in an action by the Secretary of Labor under the Fair Labor Standards Act, 29 U.S.C. § 217, to secure compliance with the Act and to restrain the continued withholding of payment of minimum wages and overtime compensation (in excess of $80,000) allegedly due certain former employees of Hamilton Oil. Hamilton Oil contends that it has a federal constitutional right (under the Seventh Amendment) to a jury trial on the back wages issue since the Secretary is, in essence,…