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SHULTZ v. LOUISIANA TRAILER SALES, INC.

No. 27956.

428 F.2d 61 (1970)

George P. SHULTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. LOUISIANA TRAILER SALES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 16, 1970.

Attorney(s) appearing for the Case

Harold C. Nystrom, Acting Solicitor of Labor, U. S. Dept. of Labor, Washington, D. C., Beverley R. Worrell, U. S. Dept. of Labor, Office of the Solicitor, Birmingham, Ala. Bessie Margolin, Carin Ann Clauss, Washington, D. C., for appellant.

Louis A. DiRosa, New Orleans, La., for appellee.

David J. Humphreys, Washington, D. C., amicus curiae for Mobile Housing Assoc. of America.

Before JOHN R. BROWN, Chief Judge, AINSWORTH and GODBOLD, Circuit Judges.

AINSWORTH, Circuit Judge:

The sole question for determination in this matter involving a statutory interpretation is whether the overtime exemption provisions of Section 13(b) (10) of the Fair Labor Standards Act, 29 U.S.C. § 213(b) (10) (1966), are applicable to five employees of appellee Louisiana Trailer Sales, Inc., known as "servicemen" and "service-mechanics." The District Court found the employees to be within the overtime exemption provisions of the Act...

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