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MARSHALL v. GULF & WESTERN INDUSTRIES, INC.

No. 76-3542 Summary Calendar.

552 F.2d 124 (1977)

F. Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. GULF & WESTERN INDUSTRIES, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 30, 1977.

Attorney(s) appearing for the Case

Theodore W. Herzog, Vero Beach, Fla., for defendant-appellant.

Carin Ann Clauss, Atty., Alfred G. Albert, Act. Solr. of Labor, Bobbye D. Spears, Reg. Solr., Jacob I. Karro, Rita L. Stotts, Attys., U. S. Dept. of Labor, Washington, D. C., for Secretary of Labor.

Before GOLDBERG, CLARK and FAY, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 30, 1977.

CLARK, Circuit Judge:

Gulf & Western Industries, Inc., a Delaware corporation licensed to operate in Florida, appeals the district court's decision that it is liable for minimum and overtime wage deficiencies under the Fair Labor Standards Act. 29 U.S.C. § 201 et seq. The facts were not disputed and the case was decided on cross-motions for summary judgment. The trial court determined that Gulf...

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