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HAMBLEN v. WARE

No. 74-1856.

526 F.2d 476 (1975)

Kathryn HAMBLEN, Plaintiff-Appellee, v. J. W. WARE, d/b/a Ware House Hotel, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 1, 1975.

Attorney(s) appearing for the Case

Harlan Dodson, III, Hooker, Keeble, Dodson & Harris, Nashville, Tenn., for defendant-appellant.

Edward C. White, Nashville, Tenn., for plaintiff-appellee.

Before EDWARDS and ENGLE, Circuit Judges, and RUBIN, District Judge.

CARL B. RUBIN, District Judge.

In this appeal the appellant seeks reversal of the district court denial of exemption from the minimum wage/maximum hour laws. We affirm.

As a defense to suit by a former employee, appellant-employer contended that his business operation was a "retail or service establishment" qualifying for the 29 U.S.C. § 213(a)(2) exemption and a "hotel" qualifying for the 29 U.S.C. § 213(b)(8) exemption.

Appellant operated...

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