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WIRTZ v. CARSTEDT

No. 19474.

362 F.2d 67 (1966)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. Von CARSTEDT, individually and doing business as C-Air Aviation, Appellee.

United States Court of Appeals Ninth Circuit.

May 6, 1966.

Attorney(s) appearing for the Case

Charles Donahue, Solicitor of Labor, Bessie Margolin, Asso., Robert E. Nagle, Carin A. Clauss, Attys., Dept. of Labor, Washington, D. C., Altero D'Agostini, Atty., Dept. of Labor, San Francisco, Cal., for appellant.

Fred F. Wehrle, Eilers, Wehrle & Anderson, Los Angeles, Cal., for appellee.

Before BARNES and HAMLEY, Circuit Judges, and JAMESON, District Judge.

HAMLEY, Circuit Judge:

The Secretary of Labor brought this action against Von Carstedt, individually and doing business as C-Air Aviation, to enjoin future violation of the Fair Labor Standards Act (Act).1 After a trial the district court made findings of fact and conclusions of law upholding defendant's claim to exemption from the requirements of the Act. A judgment consistent therewith was entered and the Secretary appeals.

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