BRENNAN v. WILSON BUILDING, INC.

No. 71-1813.

478 F.2d 1090 (1973)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. The WILSON BUILDING, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 22, 1973.


Attorney(s) appearing for the Case

R. F. Wheless, Jr., Cole Thomson, Houston, Tex., Charles L. Hale, Jr., Corpus Christi, Tex., for defendant-appellant.

M. J. Parmenter, Dept. of Labor, Dallas, Tex., Carin Clauss, Bessie Margolin, Asso. Sol., Bobbye Spears, Atty., U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and MOORE and RONEY, Circuit Judges.


MOORE, Circuit Judge:

In this appeal we are asked to decide whether certain building service employees of the appellant-employer are engaged in commerce for purposes of the Fair Labor Standards Act (FLSA)1 and whether said employees are therefore covered by the Act's minimum wage and other provisions.

The action was brought by the Secretary of Labor pursuant to Section 17 of the Act2 to enjoin appellant...

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