September 3, 1970
GEYER BROADCASTING COMPANY, INC., PETITIONER
THE HONORABLE CALE J. HOLDER, UNITED STATES DISTRICT JUDGE
Per Curiam: Petitioner seeks a writ of mandamus to compel respondent to grant petitioner a jury trial. The action against petitioner was brought by the Secretary of Labor under section 17 of the Fair Labor Standards Act (29 U.S.C. § 217). That section grants jurisdiction "to restrain violations of section 215 of this title, including in the case of violations of section 215(a)(2) of this title the restraint of any withholding of payment of minimum wages or overtime compensation found by the court to be due to employees under this chapter. . . ." The complaint seeks restraint of petitioner from further violation and restraint from withholding of overtime compensation. Petitioner demanded a jury trial, and respondent has stricken the jury demand, on motion of the secretary.
If petitioner were entitled to a jury, issuance of a writ of mandamus would be appropriate. Beacon Theatres v. Westover (1959), 359 U.S. 500, 511; Dairy Queen v. Wood (1962), 369 U.S. 469, 472.
Petitioner is not, however, entitled to a jury trial in the action brought by the secretary. Wirtz v. Jones (5th Cir., 1965), 340 F.2d 901, reaffirmed in Sullivan v. Wirtz (5th Cir., 1966), 359 F.2d 426, cert. denied 385 U.S. 852.
Accordingly, It is Ordered that the petition for writ of mandamus is denied.
© 1998 VersusLaw Inc.