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MAYHUE'S SUPER LIQUOR STORES, INC. v. HODGSON

No. 71-2044.

464 F.2d 1196 (1972)

MAYHUE'S SUPER LIQUOR STORES, INC., et al., Plaintiffs-Appellants-Cross Appellees, v. James D. HODGSON, Secretary of Labor, United States Department of Labor, Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 5, 1972.

Attorney(s) appearing for the Case

James V. Johnstone, Miami Beach, Fla., for appellant.

Beverley R. Worrell, Ronald Gaswirth, Atty., U. S. Dept. of Labor, Office of the Solicitor, Atlanta, Ga., Clemens Hagglund, Asst. U. S. Atty., Robert W. Rust, U. S. Atty., Miami, Fla., Carin Ann Clauss, Dept. of Labor, James D. Henry, Richard F. Schubert, Sol., U. S. Dept. of Labor, Washington, D. C., for appellees.

Before TUTTLE, MORGAN and RONEY, Circuit Judges.

RONEY, Circuit Judge:

An agreement that an employee will repay to his employer any shortages in money entrusted to him, when shortages occur through misappropriation, theft, or otherwise, violates the minimum wage requirements of the Fair Labor Standards Act to the extent that such required payments reduce below the minimum wage the amount of money and compensation which the employee receives. The district court held otherwise. We reverse.

Mayhue's Super Liquor...

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