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HODGSON v. THE KLAGES COAL AND ICE COMPANY

No. 20241.

435 F.2d 377 (1970)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. THE KLAGES COAL AND ICE COMPANY, d/b/a Royal Crown Bottling Company, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

December 10, 1970.

Attorney(s) appearing for the Case

Donald S. Shire, Department of Labor, Washington, D. C., Laurence H. Silberman, Solicitor of Labor, Bessie Margolin, Associate Solicitor, Carin Ann Clauss, Helen W. Judd, Attys., U. S. Department of Labor, Washington, D. C., Aaron A. Caghan, Regional Atty., on the brief, for appellant.

James C. Herndon, Akron, Ohio, for appellee.

Hill, Farrer & Burrill, Carl M. Gould, Stanley E. Tobin, Kyle D. Brown, Los Angeles, Cal., on brief for American Research et al., amici curiae.

Before WEICK, McCREE, and MILLER, Circuit Judges.

WILLIAM E. MILLER, Circuit Judge.

Appellant, the Secretary of Labor, brought this action pursuant to Section 17 of the Fair Labor Standards Act, 29 U.S.C. §§ 201, 217 to enjoin appellee from violating the overtime requirements of the Act and to restrain continued withholding of unpaid overtime compensation to twenty-eight of its present and former employees. Appellee contended at trial that the employees in question came within the exception to the overtime...

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