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WIRTZ v. PEPSI COLA BOTTLING COMPANY OF AUGUSTA

No. 20627.

342 F.2d 820 (1965)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. PEPSI COLA BOTTLING COMPANY OF AUGUSTA, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

March 15, 1965.

Attorney(s) appearing for the Case

William Fauver, Atty., Bessie Margolin, Associate Sol., Jacob I. Karro, Deputy Associate Sol., Charles Donahue, Sol., Caruthers G. Berger, Atty., Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., for appellant.

E. D. Fulcher, Augusta, Ga., for appellee, Fulcher, Fulcher, Hagler & Harper, Augusta, Ga., of counsel.

Before TUTTLE, Chief Judge, MOORE and BELL, Circuit Judges.

TUTTLE, Chief Judge:

The question presented by this appeal is whether "route helpers" engaged wholly within the state of Georgia, were engaged in the "production of goods for commerce," within the meaning of Section 3(j) of the Fair Labor Standards Act, 29 U.S.C.A., Supp. IV, § 201 et seq., because of their activity in picking up empty bottles for return to the Pepsi Cola Bottling Company of Augusta.

There is no dispute as to the facts. The employees...

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