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MARSHALL v. AKSLAND

Nos. 78-1716, 78-2299.

631 F.2d 600 (1980)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. Clifford L. AKSLAND, Individually and dba C. L. Aksland Trucking, Defendant-Appellant. Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. Clifford L. AKSLAND, Individually and dba C. L. Aksland Trucking, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted August 21, 1980.

Decided October 28, 1980.

Attorney(s) appearing for the Case

Gary P. Scholick, San Francisco, Cal., argued for Aksland; Thomas J. Allen, Atty., Washington, D.C., Littler, Mendelson, Fastiff & Tichy, San Francisco, Cal., on brief.

Kerry L. Adams, Sol. of Labor, N.L.R.B., Washington, D.C., argued for Marshall; Thomas G. Williams, Atty., Dept. of Labor, Washington, D.C., on brief.

Before CHAMBERS, SNEED and FARRIS, Circuit Judges.

SNEED, Circuit Judge:

The principal issue in this case is whether the trucking business of Aksland, appellee and cross-appellant, is exempt from the overtime compensation provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et.seq.

The Secretary of Labor initiated this suit in 1973 to enjoin Aksland from violating 29 U.S.C. § 207 by failing to pay appropriate overtime compensation and to restrain the withholding of such...

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