SHULTZ v. MACK FARLAND & SONS ROOFING CO.

No. 26884.

413 F.2d 1296 (1969)

George W. SHULTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant-Cross Appellee, v. MACK FARLAND & SONS ROOFING CO., Inc., et al., Defendants-Appellees-Cross Appellants.

United States Court of Appeals Fifth Circuit.

July 9, 1969.


Attorney(s) appearing for the Case

Charles Donahue, Sol. of Labor, Harold C. Nystrom, Acting Sol. of Labor, Bessie Margolin, Associate Sol., Robert E. Nagle, James H. Woodson, Edwin G. Salyers, Donald S. Shire, Attys., Dept. of Labor, Washington, D. C., Beverly R. Worrell, Reg. Atty., Dept. of Labor, Atlanta, Ga., for plaintiff-appellant-cross appellee.

John L. Britton, Feibleman, Friedman, Hyman & Britton, Miami, Fla., for defendants-appellees-cross appellants.

Before WISDOM and CARSWELL, Circuit Judges and ROBERTS, District Judge.


WISDOM, Circuit Judge:

The question for decision is whether the two related defendant corporations constitute an "enterprise" within the meaning of the Fair Labor Standards Act.1 We hold that they do and reverse the judgment below.

The Secretary of Labor brought this action under Section 17 of the Act2 to enjoin (1) Mack Farland & Sons Roofing Co., Inc., (2) Mack Farland Roofing Co., Inc., and ...

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