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UNITED STATES, DEPT. OF LABOR, ETC. v. ELLEDGE

No. 79-1164.

614 F.2d 247 (1980)

UNITED STATES of America, DEPARTMENT OF LABOR, EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION, Defendant-Appellant, v. Jackie ELLEDGE, d/b/a Young Sooners Day Care Center, Plaintiff-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided January 21, 1980.

Attorney(s) appearing for the Case

David N. Adair, Jr., Kansas City, Mo. (Carin Ann Clauss, Sol. of Labor, James E. White, Regional Sol., Dallas, Tex., Donald S. Shire, Associate Sol., and Lois G. Williams, U. S. Dept. of Labor, Washington, D.C., with him on brief), for defendant-appellant.

George H. Ramey, Yukon, Okl., for plaintiff-appellee.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The issue is whether an enterprise operated by plaintiff-appellee Elledge is a preschool within the coverage of the Fair Labor Standards Act, FLSA, 29 U.S.C. § 203(s)(5). Elledge sought, in a declaratory judgment action, a ruling that she did not operate a preschool. The Secretary of Labor answered that the FLSA applied and counterclaimed for enforcement. The parties stipulated that, if the enterprise were a preschool, plaintiff had...

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