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FOREMOST DAIRIES, INC. v. WIRTZ

No. 23530.

381 F.2d 653 (1967)

FOREMOST DAIRIES, INC., and Home Town Foods, Inc., Appellants, v. W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 20, 1967.

Attorney(s) appearing for the Case

John Bacheller, Jr., Fisher & Phillips, Atlanta, Ga., for appellants.

Bessie Margolin, Assoc. Sol., Dept. of Labor, Washington, D. C., Charles Donahue, Sol. of Labor, Robert E. Nagle, William Fauver, Caruthers G. Berger, Attys., Dept. of Labor, Beverley R. Worrell, Regional Atty., for appellee.

Before COLEMAN and AINSWORTH, Circuit Judges, and CARSWELL, District Judge.

AINSWORTH, Circuit Judge:

We are called upon here to interpret the meaning of the phrase "irregular hours of work" contained in Section 7(e) of the Fair Labor Standards Act of 1938.1 Our interpretation will determine the validity of a number of individual wage contracts between defendant and certain of its employees.

The Fair Labor Standards Act is a major enactment by Congress of social...

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