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WIRTZ v. JERNIGAN

No. 25495.

405 F.2d 155 (1968)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. F. C. JERNIGAN, Appellee.

United States Court of Appeals Fifth Circuit.

December 13, 1968.

Attorney(s) appearing for the Case

Bessie Margolin, Associate Solicitor, Robert E. Nagle, Carin Ann Claus, Attys., Dept. of Labor, Washington, D. C., Charles Donahue, Sol. of Labor, Edward D. Friedman, Deputy Sol. of Labor, Beverley R. Worrell, Regional Atty., for appellant.

C. A. L. Johnstone, Jr., Mobile, Ala., for appellee; Johnstone, Adams, May, Howard & Hill, Mobile, Ala., Brooks, Garrett & Thompson, Brewton, Ala., of counsel.

Before BROWN, Chief Judge, RIVES and McENTEE, Circuit Judges.

McENTEE, Circuit Judge.

The Secretary of Labor brought this action to enjoin violations of the Fair Labor Standards Act pertaining to minimum wage and related matters. 29 U.S.C. § 201 et seq. Defendant Jernigan conceded noncompliance but claimed exemption as a retail or service establishment1 under § 13(a) (2) of the Act. After trial on a stipulation of facts, the district court upheld defendant's contention.

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