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HODGSON v. N. G. KALLAS COMPANY

No. 72-1941.

480 F.2d 994 (1973)

James D. HODGSON, Secretary of Labor, Plaintiff-Appellant, v. N. G. KALLAS COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 14, 1973.

Attorney(s) appearing for the Case

Sylvia Ellison, U. S. Dept. of Labor, for plaintiff-appellant; Richard F. Schubert, Sol. of Labor, Carin Ann Clauss, Associate Sol., Donald S. Shire, Helen W. Judd, U. S. Dept. of Labor, Washington, D. C., on brief; Aaron A. Caghan, Regional Atty., Cleveland, Ohio.

Robert E. Swickle, Detroit, Mich., for defendant-appellee; Law Offices of Leonard C. Jaques, P. C., Detroit, Mich., on brief.

Before PHILLIPS, Chief Judge, PECK, Circuit Judge and LAMBROS, District Judge.

LAMBROS, District Judge.

The question presented by this case is the meaning of "retail or service establishment," a phrase used in the exemption provisions of the Fair Labor Standards Act, as it applies to a tax reporting and bookkeeping business. The suit was brought by plaintiff-appellant for alleged violations of the wage, record-keeping and over-time provisions of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (the "Act"). The District Court ruled...

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