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BRENNAN v. WESTINGHOUSE CREDIT CORPORATION

No. 74-1197.

509 F.2d 81 (1975)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Appellant, v. WESTINGHOUSE CREDIT CORPORATION, Appellee.

United States Court of Appeals, Sixth Circuit.

January 17, 1975.

Attorney(s) appearing for the Case

William J. Kilberg, Sol. of Labor, Marvin Tincher, Regional Atty., U. S. Dept. of Labor, Nashville, Tenn., John L. Bowers, U. S. Atty., Chattanooga, Tenn., for appellant.

Alfred W. Vadnais, Humphreys & Hutcheson, Chattanooga, Tenn., for appellee.

Before PHILLIPS, Chief Judge, and LIVELY and ENGEL, Circuit Judges.

PER CURIAM.

The Secretary of Labor appeals from a holding by the district court that three "unit managers" in the Chattanooga office of Westinghouse Credit Corporation are exempt from the overtime provisions of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. This holding was based on the District Judge's finding that the unit managers are "employed in a bona fide executive [and] administrative capacity . . .." 29 U.S.C. § 213(a)(1).

On appeal...

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