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WIRTZ v. CINCINNATI, NEWPORT AND COVINGTON TRANSP. CO.

No. 16953.

375 F.2d 513 (1967)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. CINCINNATI, NEWPORT AND COVINGTON TRANSPORTATION COMPANY, Inc., and Richard C. Bennett, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

March 29, 1967.

Attorney(s) appearing for the Case

Robert E. Ruberg, Covington, Ky., for appellants, O'Hara & Ruberg, Covington, Ky., on brief.

William H. Horkan, Atty., Dept. of Labor, Washington, D. C., for appellee, Charles Donahue, Solicitor of Labor, Bessie Margolin, Associate Solicitor, Robert E. Nagle, Atty., Dept. of Labor, Washington, D. C., Jeter S. Ray, Regional Atty., Dept. of Labor, Nashville, Tenn., on brief.

Before EDWARDS, CELEBREZZE and PECK, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment of the United States District Court for the Eastern District of Kentucky entered in favor of the Secretary of Labor. The Secretary, appellee herein, had filed a complaint to enforce the minimum wage and maximum hour provisions of the Fair Labor Standards Act of 1938, 52 Stat. 1062-63 (1938), as amended; 29 U.S.C. §§ 206, 207 (1964).

The sole question is whether appellant transportation company is engaged...

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