WIRTZ v. STEEPLETON GENERAL TIRE COMPANY

Nos. 15188, 15189.

330 F.2d 804 (1964)

W. Willard WIRTZ, Secretary, United States Department of Labor, Plaintiff-Appellant and Cross-Appellee, v. STEEPLETON GENERAL TIRE COMPANY, Inc. and A. E. Steepleton, Defendants-Appellees and Cross-Appellants.

United States Court of Appeals Sixth Circuit.

April 27, 1964.


Attorney(s) appearing for the Case

Bessie Margolin, Associate Sol., Dept. of Labor, Washington, D. C. (Charles Donahue, Sol. of Labor, Beate Bloch, Atty., Dept. of Labor, Washington, D. C., Jeter S. Ray, Regional Atty., Dept. of Labor, Marvin M. Tincher, Nashville, Tenn., on the brief), for Secretary of Labor.

Lucius E. Burch, Jr., Memphis, Tenn. (Tom Mitchell, Jr., Memphis, Tenn., on the brief), for Steepleton General Tire Co., Inc., and A. E. Steepleton.

Before WEICK, Chief Judge, and KALBFLEISCH and PECK, District Judges.


WEICK, Chief Judge.

The two appeals present questions of coverage and exemption under the Fair Labor Standards Act, as amended. 29 U. S.C. § 201 et seq.

The action in the District Court was to enjoin the defendants from violating the minimum wage, overtime and record keeping provisions of the Act. It was conceded by defendants that they had not complied with the requirements of the Act, but they contended that it did not apply to their employees.

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