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WIRTZ v. LONE STAR STEEL COMPANY

No. 25462.

405 F.2d 668 (1968)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. LONE STAR STEEL COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

December 12, 1968.

Attorney(s) appearing for the Case

Bessie Margolin, Assoc. Sol., Robert E. Nagle, Atty., Dept. of Labor, Charles Donahue, Sol. of Labor, Donald S. Shire, Atty., Dept. of Labor, Washington, D. C., Major J. Parmenter, Regional Atty., for appellant.

Robert E. Burns, Burford, Ryburn & Ford, Dallas, Tex., Albert Tarbutton, Jr., Lone Star, Tex., for appellee.

Before RIVES and DYER, Circuit Judges, and MEHRTENS, District Judge.

MEHRTENS, District Judge:

W. Willard Wirtz, Secretary of Labor, appeals from a judgment in favor of Lone Star Steel Company and taxing costs against him. Three questions are presented on this appeal: (1) Is Lone Star an employer of individuals who work for contract haulers within the meaning of the Fair Labor Standards Act?; (2) Is Lone Star violating the "hot cargo" provisions of Section 15(a) (1) of the Act?; and (3) Was assessment of costs against the Secretary...

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