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BRENNAN v. HATTON

No. 72-2703.

474 F.2d 9 (1973)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. Im HATTON, Individually and doing business as Air Control Engineering Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 27, 1973.

Attorney(s) appearing for the Case

Richard F. Schubert, Sol. of Labor, U. S. Dept. of Labor, Washington, D. C., M. J. Parmenter, Regional Sol., William E. Everheart, Carin Ann Clauss, Donald S. Shire, Attys., U. S. Dept. of Labor, Dallas, Tex., Jacob I. Karro, Atty., U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellant.

L. H. Warburton, Jr., Alice, Tex., for defendant-appellee.

Before ALDRICH, SIMPSON and CLARK, Circuit Judges.

PER CURIAM:

The Secretary of Labor sought to enjoin defendant-appellee, individually and as a commercial employer, from violating the minimum wage and overtime provisions of the Fair Labor Standards Act, Title 29 U.S.C. Section 201 et seq. The district court held the defendant was not within coverage of the Act and denied the requested relief. We reverse.

Defendant-appellee Hatton is a sole proprietorship located in Alice, Texas. The business has three employees...

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