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ROGERS v. B & B VENDING COMPANY

No. 16608.

250 F.2d 120 (1957)

William J. ROGERS, Regional Director of the Wage and Hour and Public Contracts Divisions, United States Department of Labor, Appellant, v. B & B VENDING COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

December 12, 1957.

Attorney(s) appearing for the Case

Bessie Margolin, Asst. Sol., U. S. Dept. of Labor, Washington, D. C., Earl Street, Reg. Atty., U. S. Dept. of Labor, Dallas, Tex., Stuart Rothman, Sol., Sylvia S. Ellison, Robert J. Nye, Attys., U. S. Dept. of Labor, Washington, D. C., for appellant.

Spencer Carver, Dallas, Tex., Biggers, Baker, Lloyd & Carver, Dallas, Tex., for appellee.

Before CAMERON, JONES and WISDOM, Circuit Judges.

CAMERON, Circuit Judge.

The narrow question presented by this appeal is whether the court below had authority to enter a judgment declaring a business to be outside the scope of the Fair Labor Standards Act,1 in an action brought against the Regional Director of the Wage and Hour Division alone, omitting the Secretary of Labor. Appellee, B & B Vending Company, instituted the action against...

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