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BREWER'S INC. v. WIRTZ

No. 23190.

375 F.2d 911 (1967)

BREWER'S INC. and Robert H. Brewer d/b/a Brewer's Furniture Discount Center, Appellants, v. W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellee.

United States Court of Appeals Fifth Circuit.

April 14, 1967.

Attorney(s) appearing for the Case

Vance Dunnam, W. V. Dunnam, Jr., Dunnam, Dunnam & Dunnam, Waco, Tex., for appellants.

Bessie Margolin, Assoc. Sol., Dept. of Labor, Anastasia T. Dunau, Atty., Dept. of Labor, Washington D. C., Charles Donahue, Sol. of Labor, Robert E. Nagle, Atty., Dept. of Labor, Washington, D. C., Major Parmenter, Regional Atty., for appellee.

Before HUTCHESON and DYER, Circuit Judges, and SPEARS, District Judge.

HUTCHESON, Circuit Judge:

This appeal is from a judgment permanently enjoining employers from violating certain provisions of the Fair Labor Standards Act of 1938.1 The principal issue is whether the employees are exempted from coverage of the Act by the "retail establishment exemption."2 Although the district court found that the employees were employed by two separate...

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