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DUNLOP v. INDUSTRIAL AMERICA CORPORATION

No. 74-2370.

516 F.2d 498 (1975)

John T. DUNLOP, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. INDUSTRIAL AMERICA CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 28, 1975.

Attorney(s) appearing for the Case

William J. Kilberg, Sol., Carin A. Clauss, Associate Sol., U. S. Dept. of Labor, Washington, D. C., Beverley R. Worrell, Reg. Sol., Edwin G. Salyers, Atty., Atlanta, Ga., Donald S. Shire, Jacob I. Karro, Attys., U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellant.

Norman F. Burke, Orlando, Fla., for defendants-appellees.

Before GODBOLD, Circuit Judge, SKELTON, Associate Judge, and GEE, Circuit Judge.

GODBOLD, Circuit Judge.

The Secretary of Labor brought this action against defendant-appellee Industrial America Corporation (Industrial) to enforce various provisions of the Fair Labor Standards Act, Act of June 25, 1938, 52 Stat. 1060, as amended, 29 U.S.C. § 201 et seq. (1970). The trial court held that Industrial was not covered by the act and the Secretary has appealed. We affirm.

The precise question before us is: Is a business which consumes...

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