WIRTZ v. TYSON'S POULTRY, INC.

No. 18101.

355 F.2d 255 (1966)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. TYSON'S POULTRY, INC., a corporation, and John Tyson, Appellees.

United States Court of Appeals Eighth Circuit.

January 20, 1966.


Attorney(s) appearing for the Case

Carin A. Clauss, Atty., U. S. Dept. of Labor, Washington, D. C., Charles Donahue, Solicitor of Labor, Bessie Margolin, Associate Solicitor, and Robert E. Nagle, Atty., Dept. of Labor, Washington, D. C., and Beverley R. Worrell, Regional Atty., U. S. Dept. of Labor, Birmingham, Ala., for appellant.

Courtney C. Crouch, of Crouch, Blair & Cypert, Springdale, Ark., for appellees.

Before VOGEL, Chief Judge, and BLACKMUN and GIBSON, Circuit Judges.


VOGEL, Chief Judge.

The sole question presented on this appeal is whether the employees of defendant-appellee Tyson's Poultry, Inc., came within the agricultural exemption of the Fair Labor Standards Act, 29 U.S. C.A. § 201 et seq. (hereafter Act) during the period in question, April 12, 1962, to June 1, 1963. Such exemption would permit appellees to avoid complying with minimum wage and overtime compensation provisions of the Act. The District Court held the...

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