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WIRTZ v. BARNES GROCER COMPANY

No. 19007.

398 F.2d 718 (1968)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. BARNES GROCER COMPANY, a Corporation; Piggly Wiggly Twin State Distributors, Incorporated, a Corporation; and Bowling Stores, Inc., a Corporation, Appellees.

United States Court of Appeals Eighth Circuit.

August 1, 1968.

Attorney(s) appearing for the Case

Robert E. Nagle, Atty., U. S. Department of Labor, Washington, D. C., for appellant; Charles Donahue, Sol. of Labor, Bessie Margolin, Associate Sol., and David Meyers, Atty., U. S. Dept. of Labor, Washington, D. C., and Harper Barnes, Regional Atty., U. S. Dept. of Labor, Kansas City, Mo., on the brief.

H. K. Wangelin, of Wangelin & Friedewald, Poplar Bluff, Mo., for appellees.

Before VAN OOSTERHOUT, Chief Judge, BLACKMUN, Circuit Judge, and VAN PELT, District Judge.

VAN PELT, District Judge.

This is an action under the Fair Labor Standards Act of June 25, 1938, for injunctive relief. Following a trial, the District Court dismissed the complaint. See Wirtz v. Barnes Grocer Company, 271 F.Supp. 894. Plaintiff Secretary of Labor has appealed.

The primary question involved is whether the three defendants are one enterprise within the meaning and definition of the Act.

Barnes Grocer...

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