James P. Mitchell, Secretary of Labor, United States Department of Labor v. Hooper Construction Company, Inc., and Clemens Construction Company

In this appeal from a dismissal by the trial court of appellant’s Wage and Hour injunction suit, the Secretary of Labor complains, among other things, of the failure of the trial court to permit the proper development of his case by the introduction of relevant evidence.

A reading of the record demonstrates so clearly the validity of appellant’s contention that we do not now get to the merits of the appeal. The trial commenced with an attempt by Government counsel to outline his case. It immediately turned into a colloquy between the court and counsel. 1

Before counsel was permitted to state…