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OPELIKA ROYAL CROWN BOTTLING COMPANY v. GOLDBERG

No. 18879.

299 F.2d 37 (1962)

OPELIKA ROYAL CROWN BOTTLING COMPANY, A Partnership, and Griffin McGinty, Appellants, v. Arthur J. GOLDBERG, Secretary of Labor, United States Department of Labor, Appellee. Arthur J. GOLDBERG, Secretary of Labor, United States Department of Labor, Appellant, v. OPELIKA ROYAL CROWN BOTTLING COMPANY, A Partnership, and Griffin McGinty, Appellees.

United States Court of Appeals Fifth Circuit.

January 25, 1962.

Attorney(s) appearing for the Case

Bessie Margolin, Asst. Sol., Robert E. Nagle, Atty., Dept. of Labor, Washington, D. C., Charles Donahue, Solicitor of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., Dept. of Labor, Birmingham, Ala., for appellee.

Wm. Bew White, Jr., John J. Coleman, Jr., Birmingham, Ala., Yetta G. Samford, Jr., Samford & Torbert, Opelika, Ala., T. W. Thagard, Jr., and White, Bradley, Arant & Rose, Birmingham, Ala., of counsel, for appellants.

Before RIVES and WISDOM, Circuit Judges, and CARSWELL, District Judge.

RIVES, Circuit Judge.

The Opelika Royal Crown Bottling Company, a partnership, and Griffin McGinty, a partner, appeal the determination of the court below, sitting without a jury, that several of their employees are covered by the minimum wage and hour provisions of the Fair Labor Standards Act.1 In the alternative, they argue that these employees are not subject to the overtime provisions of the Act since they are specifically exempt...

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