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DUNLOP v. ASHY

No. 75-3405.

555 F.2d 1228 (1977)

John T. DUNLOP, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. Mitchell N. ASHY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 13, 1977.

Attorney(s) appearing for the Case

William J. Kilberg, Sol. of Labor, Donald S. Shire, Atty., Carin Ann Clauss, Associate Sol., Paul D. Brenner, Atty., Jacob I. Karro, U. S. Dept. of Labor, Washington, D. C., Ronald M. Gaswirth, Reg. Sol., U. S. Dept. of Labor, Dallas, Tex., for plaintiff-appellant.

John G. Torian, II, Lafayette, La., for defendants-appellees.

Before GEWIN, RONEY and HILL, Circuit Judges.

GEWIN, Circuit Judge:

This is an appeal by the Secretary of Labor from the district court's decision that the Downtowner Motor Inn in Opelousas, Louisiana and the Inn Restaurants, Inc. are not a single "enterprise" within the meaning of the Fair Labor Standards Act (FLSA or the Act), 29 U.S.C. §§ 201 et seq., 203(r). Brennan v. Ashy, 397 F.Supp. 1347 (W.D.La.1975). The Secretary contends that the district...

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