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GOLDBERG v. WARREN G. KLEBAN ENGINEERING CORPORATION

No. 19289.

303 F.2d 855 (1962)

Arthur J. GOLDBERG, Secretary of Labor, United States Department of Labor, Appellant, v. WARREN G. KLEBAN ENGINEERING CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

June 6, 1962.

Attorney(s) appearing for the Case

Morton Liftin, Jacob I. Karro, Attys., Dept. of Labor, Charles Donahue, Sol. of Labor, Jack H. Weiner, Atty., Dept. of Labor, Washington, D. C., Beverly R. Worrell, Regional Atty., Birmingham, Ala., for appellant.

William J. Threadgill and Dewitt T. Hicks, Jr., Columbus, Miss., for appellee.

Before BROWN and WISDOM, Circuit Judges, and DE VANE, District Judge.

JOHN R. BROWN, Circuit Judge.

We deal here with a single simple problem whether sales and installation as a subcontractor of plumbing, heating and air conditioning equipment in substantial industrial or commercial construction projects being performed by a general contractor constitutes "sales for resale" under the Retail Exemption of the Fair Labor Standards Act, § 13(a) (2), 29 U.S.C.A. § 213(a) (2). The Employer, who prevailed below, views it in quite...

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