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MARSHALL v. PARTIDA

No. 78-1335.

613 F.2d 1360 (1980)

F. Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. Refugio PARTIDA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 21, 1980.

Attorney(s) appearing for the Case

Donald S. Shire, Gregory O'Duden, U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellant.

Bean, Zavaleta & Rosado, Hector M. Zavaleta, Kenneth R. Carr, El Paso, Tex., for defendant-appellee.

Before THORNBERRY, RONEY and TATE, Circuit Judges.

THORNBERRY, Circuit Judge:

In this case we must review a district court finding that certain laundromat employees worked only two hours per day for purposes of the minimum wage provisions of the Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (1976). Because we conclude that this finding is clearly erroneous, we reverse the district court decision and remand for a new trial.

Between 1969 and 1972 Partida...

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