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MITCHELL v. TURNER

No. 18271.

286 F.2d 104 (1960)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. Claude H. TURNER and Citizens and Southern Bank, Trustee, Appellees.

United States Court of Appeals Fifth Circuit.

December 27, 1960.

Attorney(s) appearing for the Case

Jacob I. Karro, Atty., Dept. of Labor, Bessie Margolin, Asst. Sol., Dept. of Labor, Washington, D. C., Harold C. Nystrom, Acting Sol. of Labor, United States Department of Labor, Washington, D. C., Beverley R. Worrell, Regional Attorney, Birmingham, Ala., for appellant.

Stanley Meyerson, Atlanta, Ga., Johnson, Hatcher, Meyerson & Irvin, Atlanta, Ga., for appellees.

Before TUTTLE, Chief Judge, and RIVES and WISDOM, Circuit Judges.

RIVES, Circuit Judge.

This appeal is from a decision in two consolidated actions brought by the Secretary of Labor under Section 16(c) of the Fair Labor Standards Act, [29 U.S. C.A. § 216(c)], to recover unpaid minimum wages and overtime compensation alleged to be owed by appellees to their employees.

The issue on appeal is whether the appellees could legally exclude from the work day, for purposes of wage computation, two 15-minute periods — one...

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