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GOLDBERG v. P. & L. EQUIPMENT COMPANY

No. 19648.

311 F.2d 88 (1962)

Arthur J. GOLDBERG, Secretary of Labor, United States Department of Labor (W. Willard Wirtz, Secretary of Labor, United States Department of Labor, Substituted as party appellant in the place and stead of Arthur J. Goldberg), Appellant, v. P. & L. EQUIPMENT COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 21, 1963.

Attorney(s) appearing for the Case

Earl Street, Regional Atty., Dept. of Labor, Dallas, Tex., Jacob I. Karro, Acting Asst. Sol., Dept. of Labor, Beate Block, Sr., Atty., Dept. of Labor, Washington, D. C., Charles Donahue, Solicitor of Labor, Sigmund R. Balka, Attorney, United States Department of Labor, Washington, D. C., for appellant.

James E. Crowther, Houston, Tex., Butler, Binion, Rice & Cook, Houston, Tex., of counsel, for appellee.

Before HUTCHESON, WISDOM and GEWIN, Circuit Judges.

JOSEPH C. HUTCHESON, Jr., Circuit Judge.

This appeal is from a judgment denying the Secretary's claim that Taylor, the employee in question, was engaged in commerce and in the production of goods for commerce within the meaning of the Fair Labor Standards Act and was, therefore, within the Act's coverage.

Unlike the cases dealt with by the writer in Addison v. Commercial National Bank in Shreveport, 5 Cir., 165 F.2d 937, where...

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