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MITCHELL v. ADAMS

No. 15659.

230 F.2d 527 (1956)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. Ralph ADAMS, d/b/a Macon Shirt Company, Appellee.

United States Court of Appeals Fifth Circuit.

March 7, 1956.

Attorney(s) appearing for the Case

Bessie Margolin, Asst. Sol. U. S. Dept. of Labor, Washington, D. C., Stuart Rothman, Solicitor, Sylvia S. Ellison, Harry A. Tuell, James R. Billingsley, Attorneys, United States Department of Labor, Washington, D. C., Beverley R. Worrell, Regional Attorney, Birmingham, Ala., for appellant.

C. Baxter Jones, Macon, Ga., Charles M. Cork, Macon, Ga., for appellee.

Before HUTCHESON, Chief Judge, and JONES and BROWN, Circuit Judges.

BROWN, Circuit Judge.

The District Court denied an injunction sought by the Secretary of Labor, 29 U.S.C.A. § 201 et seq., Section 217, against the use by the employer of a "Belo" contract1 holding that it was valid under the Belo decision and the Amendment to the Fair Labor Standards Act.2

No question is raised that the affected employees qualified as workers whose duties necessitated irregular...

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