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BRENNAN v. GREAT AMERICAN DISCOUNT AND CREDIT CO., INC.

No. 72-2177.

477 F.2d 292 (1973)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. GREAT AMERICAN DISCOUNT AND CREDIT COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 9, 1973.

Attorney(s) appearing for the Case

Richard F. Schubert, Sol. of Labor, Carin Ann Clauss, Donald S. Shire, U. S. Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Sol., U. S. Dept. of Labor, Atlanta, Ga., for plaintiff-appellant.

Frank W. Riggs, John W. Davis, Montgomery, Ala., for defendant-appellee.

Before GEWIN, SIMPSON and RONEY, Circuit Judges.

RONEY, Circuit Judge:

The Government appeals from the District Court's determination that defendant's employment agencies are entitled to the "retail or service establishment" exemption in Section 13(a)(2) of the Fair Labor Standards Act. 29 U.S.C.A. § 213(a)(2). We reverse.

Not only is this case one of first impression in this Court, but we are told that no other Court of Appeals has addressed the application...

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