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HODGSON v. IDAHO TROUT PROCESSORS COMPANY

No. 72-2415.

497 F.2d 58 (1974)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. IDAHO TROUT PROCESSORS COMPANY, a corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 21, 1974.

Attorney(s) appearing for the Case

Dale Clemons, Randall C. Fredricks, of Clemons, Cosho, Humphrey & Samuelsen, Boise, Idaho, for defendant-appellant.

Donald S. Shire, Carin Ann Claus, Richard F. Schubert, U. S. Dept. of Labor, Washington, D. C., Altero D'Agostini, Alfred G. Albert, Alan M. Raznick, Dept. of Labor, San Francisco, Cal., for plaintiff-appellee.

Before KOELSCH, WALLACE and SNEED, Circuit Judges.

OPINION

PER CURIAM:

This appeal concerns § 13(a) (6) of the Fair Labor Standards Act (29 U.S.C. § 213(a)(6)), the provision which exempts employers of "employees employed in agriculture" from the wage and hour requirements of the Act (29 U.S.C. §§ 206 and 207). More specifically, the question is whether the district court erred in determining that employees of Idaho Trout Processors Company (Trout Processors) were within the purview of...

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