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PUBLIC BUILDING AUTHORITY OF BIRMINGHAM v. GOLDBERG

No. 19056.

298 F.2d 367 (1962)

The PUBLIC BUILDING AUTHORITY OF the CITY OF BIRMINGHAM, Appellant, v. Arthur J. GOLDBERG, Secretary of Labor, United States Department of Labor, Appellee.

United States Court of Appeals Fifth Circuit.

January 25, 1962.

Attorney(s) appearing for the Case

J. M. Breckenridge, Birmingham, Ala., for appellant.

Bessie Margolin, Asst. Sol., Morton Liftin, Atty., Dept. of Labor, Charles Donahue, Sol. of Labor, Jacob I. Karro, Isabelle R. Cappello, Attys., Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., Dept. of Labor, Birmingham, Ala., for appellee.

Before TUTTLE, Chief Judge and POPE and GEWIN, Circuit Judges.

TUTTLE, Chief Judge.

This is an appeal by the Public Building Authority of the City of Birmingham, an intervenor, from a judgment enjoining minimum wage, overtime and record-keeping violations of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., by Building Management Corporation, one of the three defendants below. The sole question on appeal is whether the employees in question are covered by the Act.

Appellant is a political subdivision of the...

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