Legal Opinion

Marshall v. Elm Hill, Inc.

District Court, D. Vermont

Decided May 16, 1979No. Civ. A. No. 79-29Published

1Opinion of the Court

OPINION AND ORDER

COFFRIN, District Judge.

This is an action under § 17 of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. to enjoin defendants from violating the provisions of § 15(a)(2) of the FLSA (relating to overtime wages) and § 15(a)(5) of the FLSA (relating to the defendants’ recordkeeping practices). Defendants have answered and have demanded a jury trial. The plaintiff, the Secretary of Labor, has moved to strike defendants’ jury trial demand. The court has reviewed the parties’ memoranda of law and has considered the arguments raised in oral argument; for the reasons…

2Cases cited11 opinions

Albemarle Paper Co. v. MoodySupreme Court of the United States · 1975
Curtis v. LoetherSupreme Court of the United States · 1974
Mitchell v. Robert DeMario Jewelry, Inc.Supreme Court of the United States · 1960
W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Raymond W. Jones and v. A. Sauls, Inc.Court of Appeals for the Fifth Circuit · 1965
United States v. LouisianaSupreme Court of the United States · 1950

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