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HODGSON v. H. MORGAN DANIEL SEAFOODS, INC.

No. 29389.

433 F.2d 918 (1970)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. H. MORGAN DANIEL SEAFOODS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 12, 1970.

Attorney(s) appearing for the Case

L. H. Silberman, Solicitor of Labor, Bessie Margolin, U. S. Dept. of Labor, Washington, D. C., M. J. Parmenter, Regional Sol., Betty Jo Christian, Truett E. Bean, Trial Atty., U. S. Dept. of Labor, Dallas, Tex., Carin Ann Clauss, Atty., Dept. of Labor, Washington, D. C., for appellant.

Robert S. Bambace, Kenneth R. Carr, Houston, Tex., of counsel, Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., for appellee.

Before COLEMAN, AINSWORTH, and GODBOLD, Circuit Judges.

COLEMAN, Circuit Judge:

The Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201, et seq., amended from time to time during the thirty-two years of its existence, engenders questions in this case which have not previously been answered at the appellate level in any court.

The Secretary of Labor charged that H. Morgan Daniel Seafoods, Inc., at its shrimp packing plant in Port Lavaca, Texas, has compelled, and is compelling, its employees, as an essential...

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