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WIRTZ v. INTERNATIONAL HARVESTER COMPANY

No. 20635.

331 F.2d 462 (1964)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, et al., Appellants, v. INTERNATIONAL HARVESTER COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

April 15, 1964.

Attorney(s) appearing for the Case

Bessie Margolin, Associate Sol., Dept. of Labor, Washington, D. C., Earl Street, Regional Director, Dept. of Labor, Dallas, Tex., Marvin Menaker, Lawrence P. Hochberg, Dallas, Tex., Charles Donahue, Sol. of Labor, Isabelle R. Cappello, Atty., U. S. Dept. of Labor, Washington, D. C., for appellants.

Hubard T. Bowyer, Dallas, Tex., P. R. Lescohier, Chicago, Ill., Otis E. Nelson, Wichita Falls, Tex., Bowyer & Thomas, Dallas, Tex., for appellee International Harvester Co.

Before TUTTLE, Chief Judge, and RIVES and WISDOM, Circuit Judges.

TUTTLE, Chief Judge:

This is an appeal from a judgment, following a jury verdict, determining that the local "store" of International Harvester Company, in Wichita Falls, Texas, was entitled to the retail or service establishment exemption contained in Section 13(a) (2) of the Fair Labor Standards Act. 29 U.S.C.A. § 213(a) (2).1

The litigation was commenced by the filing of a suit by ten individual plaintiffs, employees of...

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