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MITCHELL v. T. F. TAYLOR FERTILIZER WORKS

No. 15802.

233 F.2d 284 (1956)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. T. F. TAYLOR FERTILIZER WORKS, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

May 8, 1956.

Attorney(s) appearing for the Case

Beverley R. Worrell, Regional Atty., U. S. D. of L., Birmingham, Ala., Bessie Margolin, Asst. Solicitor, U. S. D. of L., Washington, D. C., Stuart Rothman, Solicitor, Sylvia S. Ellison, Eugene R. Jackson, Attorneys, United States Department of Labor, Washington, D. C., for appellant.

Waldo DeLoache, Moultrie, Ga., Moore, Gibson, DeLoache & Gardner, Moultrie, Ga., of counsel, for appellee.

Milton A. Carlton, Moultrie, Ga., Price, Spivey & Carlton, Swainsboro, Ga., of counsel, for Millen Fertilizer Co., amici curiæ.

Before HUTCHESON, Chief Judge, and TUTTLE and CAMERON, Circuit Judges.

TUTTLE, Circuit Judge.

The sole issue on this appeal is whether the appellee's fertilizer dry mixing plant and office are exempted from the Fair Labor Standards Act as a retail establishment by Section 13 of the Act, 29 U.S.C.A. § 213. At pre-trial conference, the company conceded that it had not complied with the overtime provisions of the statute, § 207, and that if it was not entitled to an exemption under § 213(a) (4), it would have no defense to...

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