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BREITWIESER v. KMS INDUSTRIES, INC.

No. 71-3422.

467 F.2d 1391 (1972)

Margaret Louise BREITWIESER and James J. Breitwieser, Plaintiffs-Appellants, v. KMS INDUSTRIES, INC., d/b/a Advo Systems, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing November 2, 1972.

Attorney(s) appearing for the Case

William V. George, Lavinia B. George, George & George, Forest Park, Ga., for plaintiffs-appellants.

Thomas B. Branch, III, Greene, Buckley, Derieux & Jones, Atlanta, Ga., for defendant-appellee.

Before WISDOM, THORNBERRY and GODBOLD, Circuit Judges.

Rehearing and Rehearing En Banc November 2, 1972.

THORNBERRY, Circuit Judge:

The issue in this case is whether the child labor provisions of the Fair Labor Standards Act, 29 U.S.C.A. § 212, and the regulations promulgated pursuant thereto, create a private cause of action for damages for wrongful death. This is apparently a question of first impression.

Appellants are the parents of a sixteen-year-old...

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