WIRTZ v. JACKSON & PERKINS COMPANY

No. 128, Docket 27630.

312 F.2d 48 (1963)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant and Cross-Appellee, v. JACKSON & PERKINS COMPANY, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals Second Circuit.

Decided January 7, 1963.


Attorney(s) appearing for the Case

Charles Donahue, Sol. of Labor, Jacob I. Karro, Acting Asst. Sol., Jack H. Weiner, Atty., U. S. Dept. of Labor (John A. Hughes, Regional Atty., of counsel), for plaintiff-appellant and cross-appellee.

Hooker, Alley & Duncan, New York City (Irving L. Schanzer, James B. Alley, New York City, of counsel), for defendant-appellee and cross-appellant.

Before SWAN, WATERMAN and FRIENDLY, Circuit Judges.


WATERMAN, Circuit Judge.

This appeal presents several questions concerning the coverage of the agriculture exemption of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.

The defendant below, Jackson & Perkins Company, operates a large nursery business. From its main establishment near Newark, New York, it sells rosebushes and other nursery stock, both at wholesale and retail, throughout the United States.

As a part of its operations, Jackson...

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