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DUNLOP v. LOURUB PHARMACY, INC.

No. 75-1306.

525 F.2d 235 (1975)

John T. DUNLOP, Secretary of Labor and U. S. Department of Labor, Plaintiff-Appellant, v. LOURUB PHARMACY, INC., d/b/a Hamilton's Rexall Drug Store and Andrew J. Rubish, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 7, 1975.

Attorney(s) appearing for the Case

Donald S. Shire, Deputy Associate Solicitor, U. S. Dept. of Labor, SOL, Washington, D. C., for plaintiff-appellant.

Louis M. Davies, Youngstown, Ohio, for defendants-appellees.

Before EDWARDS, PECK and ENGEL, Circuit Judges.

PER CURIAM.

The Secretary of Labor appeals from a decision of the United States District Court for the Northern District of Ohio holding that defendants' drug and miscellaneous sales must be separated from the liquor sales in the same drug store for purposes of determining whether or not the drug store is an "establishment" with combined annual sales of $250,000, as required for coverage under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (1970...

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