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WIRTZ v. DR. PEPPER BOTTLING COMPANY OF ATLANTA

No. 23233.

374 F.2d 5 (1967)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. DR. PEPPER BOTTLING COMPANY OF ATLANTA, Appellee.

United States Court of Appeals Fifth Circuit.

March 8, 1967.

Attorney(s) appearing for the Case

Bessie Margolin, Associate Sol., Robert E. Nagle, Atty., Charles Donahue, Sol., Donald Shire, Atty., Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., Dept. of Labor, for appellant.

Alexander E. Wilson, III, Wilson, Branch, Barwick & Wilcox, Alexander E. Wilson, Jr., Atlanta, Ga., for appellee.

Before COLEMAN and DYER, Circuit Judges, and ESTES, District Judge.

COLEMAN, Circuit Judge.

Whether certain individuals were employees of the appellee within the meaning of the Fair Labor Standards Act1 is the sole question presented by this appeal. The District Court held that they were not. We affirm.

The District Court made extensive findings of fact, and the Secretary of Labor concedes that "[T]he evidence is essentially undisputed". The Secretary contends not that the evidentiary findings...

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