WIRTZ v. FIRST NATIONAL BANK AND TRUST COMPANY

No. 8364.

365 F.2d 641 (1966)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. FIRST NATIONAL BANK AND TRUST COMPANY, a corporation; and First National Building Management Corporation, Appellees.

United States Court of Appeals Tenth Circuit.

August 30, 1966.


Attorney(s) appearing for the Case

Charles Donahue, Sol. of Labor (Bessie Margolin, Assoc. Sol., Sylvia S. Ellison and Anastasia T. Dunau, Attys., Dept. of Labor, and Major J. Parmenter, Regional Atty., Dept. of Labor, were with him on the brief), for appellant.

R. C. Jopling, Jr., Oklahoma City, Okl. (Fred A. Gipson and Fowler, Rucks, Baker, Jopling, Gramlich & Mee, Oklahoma City, Okl., were with him on the brief), for appellees.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.


BREITENSTEIN, Circuit Judge.

The question is whether 1961 amendments to the Fair Labor Standards Act1 bring within the coverage of the Act the operation and maintenance employees of a building complex owned by a national bank and operated by a separate corporation wholly owned by the bank. The Secretary sued to restrain violations of the minimum wage,2 overtime

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