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DUNLOP v. DR. PEPPER-PEPSI COLA BOTTLING CO., ETC.

No. 75-1579.

529 F.2d 298 (1976)

John T. DUNLOP, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. DR. PEPPER-PEPSI COLA BOTTLING CO. OF DYERSBURG, TENNESSEE, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 12, 1976.

Attorney(s) appearing for the Case

Marvin M. Tincher, U. S. Dept. of Labor, Nashville, Tenn., Donald S. Shire, Jacob I. Karro, U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellant.

Joseph K. Willcox, Memphis, Tenn., for defendant-appellee.

Before WEICK, McCREE and LIVELY, Circuit Judges.

LIVELY, Circuit Judge.

The Secretary of Labor (Secretary) appeals from a judgment of the district court denying relief under the Fair Labor Standards Act (the Act) with respect to helpers on soft drink delivery trucks. The judgment was based on the district court's holding that helpers are not employees of the defendant bottling company within the meaning of the Act. The court found that defendant had violated the Act with respect to a number of employees in various...

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