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MITCHELL v. HUNTSVILLE WHOLESALE NURSERIES, INC.

No. 17488.

267 F.2d 286 (1959)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. HUNTSVILLE WHOLESALE NURSERIES, INC., and John Fraser, III, Appellees.

United States Court of Appeals Fifth Circuit.

June 3, 1959.

Attorney(s) appearing for the Case

Bessie Margolin, Asst. Sol., Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Attorney, Birmingham, Ala., Stuart Rothman, Solicitor, Sylvia S. Ellison, Albert M. Horn, Attorneys, United States Department of Labor, Washington, D. C., for appellant.

C. V. Stelzenmuller, M. L. Taliaferra, Birmingham, Ala., Charles E. Shaver, Huntsville, Ala., Lanier, Price, Shaver & Lanier, Huntsville, Ala., Burr, McKamy, Moore & Thomas, Birmingham, Ala., of counsel, for appellees.

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

HUTCHESON, Chief Judge.

The only question presented by this appeal is whether the district judge correctly found and held that the agricultural exemption of the Wage and Hour Act provided by Sec. 13(a)(6) thereof, 29 U.S.C.A. § 213(a) (6), applies to the employees at the Canal Street warehouse of defendant-appellee, Huntsville Wholesale Nurseries, Inc., and as correctly denied the injunction sought by plaintiff-appellant.

The action was brought by the...

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