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SHEW v. SOUTHLAND CORPORATION (CABELL'S DAIRY DIV.)

No. 23311.

370 F.2d 376 (1966)

J. E. SHEW, Appellant, v. The SOUTHLAND CORPORATION (CABELL'S DAIRY DIVISION), Appellee. The SOUTHLAND CORPORATION (CABELL'S DAIRY DIVISION), Appellant, v. J. E. SHEW and William J. Rogers, Appellees.

United States Court of Appeals Fifth Circuit.

December 28, 1966.

Attorney(s) appearing for the Case

Douglas Riley, Jr., Dallas, Tex., for J. E. Shew.

John Bacheller, Jr., Charles Kelso, Atlanta, Ga., Howard L. Abramson, Dallas, Tex., for Southland Corp.

Bessie Margolin, Associate Sol., Robert E. Nagle, Atty., Washington, D. C., for Department of Labor.

Before BROWN, COLEMAN and AINSWORTH, Circuit Judges.

AINSWORTH, Circuit Judge.

Southland Corporation, plaintiff, filed this suit seeking a declaratory judgment against its employee, J. E. Shew, and William J. Rogers, Regional Director of the Wage and Hour Division of the United States Department of Labor, defendants, contending that it was not liable to its truck driver-employee, Shew, for overtime wages under the Fair Labor Standards Act, Section 7 (29 U.S.C. § 207), because it was exempt from the overtime requirements...

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