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HODGSON v. CROTTY BROTHERS DALLAS, INC.

No. 28616.

450 F.2d 1268 (1971)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. CROTTY BROTHERS DALLAS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 19, 1971.

Attorney(s) appearing for the Case

L. H. Silberman, Sol., U. S. Dept. of Labor, Washington, D. C., M. J. Parmenter, Regional Atty., U. S. Dept. of Labor, Dallas, Tex., Bessie Margolin, Associate Sol., Truett E. Bean, Carin Ann Clauss, Attys., U. S. Dept. of Labor, Washington, D. C., Seagal V. Wheatley, U. S. Atty., San Antonio, Tex., Ann Belanger, Atty., Dept. of Justice, Washington, D. C., Leon M. Kestenbaum, Atty., U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellant.

Warren Whitham, Harry I. Freedman, Dallas, Tex., for defendants-appellees.

Alexander E. Wilson, Jr., Alexander E. Wilson III, Wilson, Wilcox & Wilson, Atlanta, Ga., amicus curiae for National Restaurant Ass'n.

Before COLEMAN, INGRAHAM and WILKEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 19, 1971.

WILKEY, Circuit Judge:

This appeal is taken by the Secretary of Labor from a judgment of the District Court that the Crotty Bros. Dallas (Crotty) food service operation at St. Stephen's School is exempt from the overtime and minimum wage provisions of the Fair Labor Standards Act1 because it is a "retail establishment" within the meaning of § 13(a) (2) (1961) and §...

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