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BRENNAN v. PARTIDA

No. 73-2112.

492 F.2d 707 (1974)

Peter J. BRENNAN, Secretary of Labor, etc., Plaintiff-Appellant, v. Refugio PARTIDA, Individually and doing business as Texas Cleaners, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 12, 1974.

Attorney(s) appearing for the Case

Alfred G. Albert, Acting Sol. of Labor, George T. Avery, Regional Sol., Joan T. Winn, Atty., Dept. of Labor, Dallas, Tex., Carin Ann Clause, Office of Sol., Donald S. Shire, Ronda L. Billig, U. S. Dept. of Labor, Washington, D. C., Jacob I. Karro, Washington, D. C., for plaintiff-appellant.

Woodrow W. Bean, II, Hector M. Zavaleta, El Paso, Tex., for defendant-appellee.

Before BELL, THORNBERRY and DYER, Circuit Judges.

DYER, Circuit Judge:

The Secretary of Labor brought this action to enjoin Partida, the owner of a self-service laundromat in El Paso, Texas, from violating the minimum wage, overtime, and recordkeeping provisions of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., and from continuing to withhold past wages due two attendants at the laundromat. The district court entered judgment for Partida, finding that the attendants were not "employees" within the...

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