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USERY v. MOTHER HUBBARD'S KITCHEN, INC.

No. 76-1605.

549 F.2d 566 (1977)

W. J. USERY, Jr., Secretary of Labor, United States Department of Labor, Appellee, v. MOTHER HUBBARD'S KITCHEN, INC., a corporation, d/b/a Quick Pride Bakery and Quick Shop Markets, Inc., a corporation, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided February 16, 1977.

Attorney(s) appearing for the Case

Richard L. Barnes of Kothe, Nichols & Wolfe, Tulsa, Okl., for appellants.

Tedrick A. Housh, Jr., Kansas City, Mo., and William J. Kilberg, Carin Ann Clauss, Jacob I. Karro and Joseph M. Woodward, Attys., U.S. Dept. of Labor, Washington, D.C., for appellee.

Before HEANEY, ROSS and HENLEY, Circuit Judges.

PER CURIAM.

This is an appeal from the district court's decision holding that certain employees of appellant Mother Hubbard's Kitchen, Inc. (hereinafter "Mother Hubbard's") are not exempt from the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., and ordering appellants Mother Hubbard's and Quick Shop Markets, Inc. to pay those employees back minimum and overtime wages. We affirm.

Appellants are two closely held corporations with identical stockholders...

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