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SCHULTZ v. JACK SMITH'S AUTOMATIC TRANSMISSION SERV., INC.

No. 13321.

422 F.2d 104 (1970)

George P. SCHULTZ, Secretary of Labor, United States Department of Labor, Appellant, v. JACK SMITH'S AUTOMATIC TRANSMISSION SERVICE, INC., a corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 10, 1970.

Attorney(s) appearing for the Case

Carin Ann Clauss, Atty., Dept. of Labor, (L. H. Silberman, Solicitor of Labor, Bessie Margolin, Associate Solicitor, Donald S. Shire, Atty., and Beverley R. Worrell, Regional Atty., Dept. of Labor, on brief) for appellant.

Zach McGhee, Columbia, S. C., for appellee.

Before SOBELOFF, BRYAN and CRAVEN, Circuit Judges.

SOBELOFF, Circuit Judge:

The Secretary of Labor, appellant here, brought an action in the District Court under § 16(c) of the Fair Labor Standards Act1 to recover minimum wages allegedly due one employee and unpaid overtime compensation allegedly due another employee of the appellee, Jack Smith's Automatic Transmission Service, Inc. The appellee claims that it is a "retail or service establishment," hence exempted by § 13(a)...

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