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ACME TIRE AND BATTERY COMPANY v. WIRTZ

No. 20641.

330 F.2d 116 (1964)

ACME TIRE AND BATTERY COMPANY, Inc., Appellant, v. W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellee.

United States Court of Appeals Fifth Circuit.

April 9, 1964.

Attorney(s) appearing for the Case

J. Danforth Browne, of Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., William Terrell Hodges, Tampa, Fla., for appellant.

Bessie Margolin, Associate Sol. Dept. of Labor, Washington, D. C., Charles Donahue, Sol. of Labor, Beate Bloch, Warren M. Laddon, Attys., U. S. Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., for appellee.

Before TUTTLE, Chief Judge, and PHILLIPS and JONES, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

Acme Tire and Battery Company, Inc., hereinafter referred to as Acme, was engaged in the business of selling tires and batteries and recapping tires. From February 5, 1960, to September 15, 1961, Acme employed Frank Mathis as a recapper at its recapping shop in Tampa, Florida, and paid him $69 per week without regard to the specific hours worked per week or per day and without additional compensation for hours worked in excess of 40...

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