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BRENNAN v. SUGAR CANE GROWERS COOPERATIVE OF FLORIDA

No. 72-3409.

486 F.2d 1006 (1973)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. SUGAR CANE GROWERS COOPERATIVE OF FLORIDA and Robert Lee, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 11, 1974.

Attorney(s) appearing for the Case

Richard F. Schubert, Sol. of Labor, U. S. Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Sol., U. S. Dept. of Labor, Edwin G. Salyers, Atty., Atlanta, Ga., Carin Ann Clauss, Associate Sol., Donald S. Shire, Atty., Anastasia T. Dunau, Dept. of Labor, Washington, D. C., for plaintiff-appellant.

John R. Beranek, West Palm Beach, Fla., for defendants-appellees.

Before BELL, GOLDBERG and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

The Secretary of Labor appeals from an adverse decision in the district court, 346 F.Supp. 132, as to the applicability of the overtime provisions of the Fair Labor Standards Act, Title 29 U.S.C. Sec. 201 et seq. (FLSA), to certain of defendant's employees. The facts of the case are not in dispute.

The appellee Sugar Cane Growers Cooperative of Florida (Sugar Cane) employs West Indian field laborers...

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