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MARSHALL v. SUNDIAL ASSOCIATES, LTD.

No. 76-4171.

588 F.2d 120 (1979)

F. Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. SUNDIAL ASSOCIATES, LTD., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 17, 1979.

Attorney(s) appearing for the Case

Carin Ann Clauss, Sol. of Labor, U. S. Dept. of Labor, Jacob I. Karro, Atty., Washington, D. C., Bobbye D. Spears, Regional Sol., U.S. Dept. of Labor, Atlanta, Ga., Joseph M. Woodward, Atty., U.S. Dept. of Labor, Carl W. Gerig, Jr., Assoc. Sol., Washington, D. C., for plaintiff-appellant.

Richard M. Vogel, Naples, Fla., Gerald Deller, Fort Myers, Fla., for defendants-appellees.

Before THORNBERRY, GODBOLD and HILL, Circuit Judges.

GODBOLD, Circuit Judge:

The Secretary of Labor brought suit against appellees to enforce minimum wage, overtime and record keeping requirements of the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. (FLSA). While conceding that many of their employees were covered by the FLSA, appellees claimed that some were exempt from the Act's overtime requirements by virtue of 29 U.S.C. § 213(b)(8), relating to hotel workers. The district court granted partial...

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