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WIRTZ v. TI TI PEAT HUMUS COMPANY

No. 10685.

373 F.2d 209 (1967)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. TI TI PEAT HUMUS COMPANY, Inc., a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided February 6, 1967.

Attorney(s) appearing for the Case

William Fauver, Attorney, United States Department of Labor (Charles Donahue, Sol. of Labor, Bessie Margolin, Associate Sol., Donald Shire, Attorney, and Beverley R. Worrell, Regional Attorney, United States Department of Labor, on brief), for appellant.

Charles H. Gibbs, Charleston, S. C. (G. Dana Sinkler and Sinkler, Gibbs & Simons, Charleston, S. C., on brief), for appellee.

Before BOREMAN, BRYAN and CRAVEN, Circuit Judges.

BOREMAN, Circuit Judge:

The Secretary of Labor seeks, under section 17 of the Fair Labor Standards Act (hereinafter Act), to enjoin the defendant, Ti Ti Peat Humus Company, Inc., from future violations of the minimum wage, maximum hours, overtime, and record-keeping requirements of the Act. The defendant contends that it is excused from complying with these provisions of the Act by virtue of the agricultural exemption hereinafter noted. The District Court, in a trial...

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