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WIRTZ v. CHESAPEAKE BAY FROSTED FOODS CORP.

No. 9265.

336 F.2d 123 (1964)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. CHESAPEAKE BAY FROSTED FOODS CORPORATION, a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 19, 1964.

Attorney(s) appearing for the Case

Jacob I. Karro, Deputy Asst. Sol., U. S. Dept. of Labor, Washington, D. C. (Charles Donahue, Sol. of Labor, Bessie Margolin, Associate Sol. of Labor, Beate Bloch and Anastasia T. Dunau, Attys., and Jeter S. Ray, Regional Atty., U. S. Dept. of Labor, Washington, D. C., on the brief), for appellant.

Wm. B. McLeod, Whitestone, Va. (Ammon G. Dunton and Dunton, McLeod & Simmons, Whitestone, Va., on the brief), for appellee.

Before HAYNSWORTH and BELL, Circuit Judges, and CRAVEN, District Judge.

PER CURIAM.

For the reasons stated in the opinion of the District Court,1 we hold that the defendant was engaged in the processing of oysters, shrimp, scallops, fish and crabmeat within the meaning of § 213(b) (4) of the Fair Labor Standards Act,2 and is thus exempt from the overtime,3 but not from the minimum wage,4 provisions of that Act, as amended...

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