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BURTON MERCANTILE AND GIN COMPANY v. WIRTZ

No. 17610.

338 F.2d 414 (1964)

BURTON MERCANTILE AND GIN COMPANY, Inc., Appellant, v. W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellee.

United States Court of Appeals Eighth Circuit.

November 17, 1964.

Attorney(s) appearing for the Case

Wayne Boyce, of Pickens, Pickens & Boyce, Newport, Ark., for appellant.

Isabelle R. Cappello, Attorney, U. S. Dept. of Labor, Washington, D. C., Charles Donahue, Solicitor of Labor, Bessie Margolin, Associate Solicitor of Labor, and Beate Bloch, Attorney, U. S. Dept. of Labor, Washington, D. C., and Earl Street, Regional Atty., Dallas, Tex., for appellee.

Before VAN OOSTERHOUT and MEHAFFY, Circuit Judges, and DAVIES, District Judge.

PER CURIAM.

This is an appeal by defendant employer from a judgment obtained by the Secretary of Labor enjoining defendant from violating the minimum-wage, overtime and record-keeping requirements of the Fair Labor Standards Act as amended (29 U.S.C.A. § 201 et seq.) with respect to employees at two cotton gins operated by the defendant in Jackson County, Arkansas.

The basic issue presented by this appeal is whether § 13(a) (10) applicable prior...

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