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HODGSON v. ELK GARDEN CORPORATION

No. 73-1008.

482 F.2d 529 (1973)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Appellant, v. ELK GARDEN CORPORATION et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 29, 1973.

Attorney(s) appearing for the Case

Jacob I. Karro, Atty., U.S. Dept. of Labor (Alfred G. Albert, Acting Sol. of Labor, Carin Ann Clauss, Associate Sol., Sandra P. Bloom, Atty., U.S. Dept. of Labor, Washington, D.C., and Marvin M. Tincher, Regional Atty., Nashville, Tenn., on brief) for appellant.

John H. Thornton, Jr., Roanoke, Va., (Carr L. Kinder, Jr., and Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., on brief), for appellees.

Before BRYAN, Senior Circuit Judge, and BUTZNER and FIELD, Circuit Judges.

BUTZNER, Circuit Judge:

This appeal questions the entitlement of an employer of agricultural labor to exemption from the minimum wage and recording requirements of the Fair Labor Standards Act1 on the ground that its employees are principally engaged in the range production of livestock. The district court granted the exemption. The Secretary appealed, and we reverse.

I

The issue concerns the interpretation and application...

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