CHAPMAN v. DURKIN

No. 14694.

214 F.2d 360 (1954)

CHAPMAN v. DURKIN, Secretary of Labor.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 2, 1954.


Attorney(s) appearing for the Case

Claude L. Gray, Orlando, Fla., James Hardin Peterson, Lakeland, Fla., Dorothea Watson, Orlando, Fla., for appellant.

Stuart Rothman, Sol. U. S. Dept. of Labor, Bessie Margolin, Asst. Sol., U. S. Dept. of Labor, Washington, D. C., Joseph M. Stone, Attorney, United States Department of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., Birmingham, Ala., for appellee.

Before STRUM and RIVES, Circuit Judges, and DAWKINS, District Judge.


DAWKINS, District Judge.

The question presented by this appeal is, was the court below correct in holding that certain of appellant's employees were not exempt from the provisions of the Fair Labor Standards Act, § 213(a) (6), called the Act.1

Appellant maintains an office, and a yard with fruit bins, a garage for the upkeep and repair of his trucks, trailers and other machinery, in the City of Orlando, Florida, from which...

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