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SCHULTZ v. W. R. HARTIN & SON, INC.

No. 13381.

428 F.2d 186 (1970)

George P. SCHULTZ, Secretary of Labor, United States Department of Labor (Substituted as plaintiff for W. Willard Wirtz, Resigned), Appellant, v. W. R. HARTIN & SON, INC., a corporation, and W. R. Hartin, Jr., Individually, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 12, 1970.

Attorney(s) appearing for the Case

Carin Ann Clauss, Atty., Dept. of Labor (Laurence H. Silberman, Solicitor of Labor, Bessie Margolin, and Harold C. Nystrom, Assoc. Solicitors, and Beverly R. Worrell, Regional Solicitor, on brief), for appellant.

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

Before BOREMAN, WINTER and CRAVEN, Circuit Judges.

WINTER, Circuit Judge:

The Secretary of Labor appeals from a decision that W. R. Hartin & Son, Inc. (Hartin),1 a mechanical contractor engaged in the installation and repair of central heating and air-conditioning systems, was exempt from the overtime requirements of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. The district judge concluded that Hartin was not "engaged in the business of construction or reconstruction...

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