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MITCHELL v. CITY ICE COMPANY

No. 17743.

273 F.2d 560 (1960)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. CITY ICE COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 11, 1960.

Attorney(s) appearing for the Case

Bessie Margolin, Asst. Sol., Dept. of Labor, Washington, D. C., Beate Bloch, Atty., Dept. of Labor, Washington, D. C., Harold C. Nystrom, Acting Sol. of Labor, Sylvia S. Ellison, Atty., United States Department of Labor, Washington, D. C., Beverley R. Worrell, Regional Attorney, for appellant.

No attorney for appellee.

Before TUTTLE, BROWN and WISDOM, Circuit Judges.

TUTTLE, Circuit Judge.

The Secretary of Labor appeals from a directed verdict in favor of appellee in this action brought on behalf of two employees for additional compensation provided under the Wage and Hour Law.

The only question is whether on the record made the trial court erred in directing a verdict against the Secretary on the ground that the undisputed evidence was to the effect that the sales of the ice company in question were "recognized as retail...

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