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FORTUNA BROOM COMPANY v. WIRTZ

No. 24141.

379 F.2d 327 (1967)

FORTUNA BROOM COMPANY, South Texas Broom Corn Company and J. L. Beck, Appellants, v. W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellee.

United States Court of Appeals Fifth Circuit.

June 19, 1967.

Attorney(s) appearing for the Case

Virgil Howard, and Wade & Howard, Corpus Christi, Tex., for appellants.

Bessie Margolin, Associate Sol., Dept. of Labor, Washington, D. C., Charles Donahue, Sol. of Labor, Robert E. Magle, William Fauver, Attorneys, United States Department of Labor, Washington, D. C., Major J. Parmenter, Regional Attorney, for appellee.

Before BROWN and SIMPSON, Circuit Judges, and SUTTLE, District Judge.

PER CURIAM.

The Employer1 appeals from the judgment of the District Court after an adequate evidentiary hearing holding that the employees in question did not come within any exemption of the FLSA,2 ordering restitution of minimum and overtime wages due such employees, and enjoining3 future violations of the Act by the Employer.

We find the appeal and record wholly without...

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