HODGSON v. ROYAL CROWN BOTTLING COMPANY, INC.

No. 71-3005 Summary Calendar.

465 F.2d 473 (1972)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee-Cross Appellant, v. ROYAL CROWN BOTTLING COMPANY, INC., et al., Defendants-Appellants-Cross Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 19, 1972.


Attorney(s) appearing for the Case

Taylor B. Smith, Threadgill & Smith, Columbus, Miss., for appellants.

Peter G. Nash, Sol., Bessie Margolin, Associate Sol., U. S. Dept. of Labor, Washington, D. C., Beverly R. Worrell, Regional Sol., U. S. Dept. of Labor, Roger J. Martinson, Atty., U. S. Dept. of Labor, Atlanta, Ga., Carin Ann Clauss, U. S. Dept. of Labor, Washington, D. C., Richard F. Schubert, Sol. of Labor, Sylvia S. Ellison, Jay S. Berke, Attys., United States Department of Labor, Washington, D. C., for appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.


Rehearing and Rehearing En Banc Denied September 19, 1972.

PER CURIAM:

This case involves the applicability of the minimum wage, overtime and record keeping provisions of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. to Employer's "driver's helpers" and certain other of its plant employees. After a full trial on the merits the District Court, 324 F.Supp. 342, found that all personnel involved were employees...

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