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MARSHALL v. TRUMAN ARNOLD DIST. CO., INC.

Nos. 80-1423, 80-1424.

640 F.2d 906 (1981)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Appellant, Cross-Appellee, v. TRUMAN ARNOLD DISTRIBUTING COMPANY, INC., a corporation, Appellee, Cross-Appellant. Roadrunner Service Stations, Inc., Truman Arnold, an individual.

United States Court of Appeals, Eighth Circuit.

Decided February 12, 1981.

Attorney(s) appearing for the Case

Mary-Helen Mautner, U. S. Dept. of Labor, Washington, D. C., for appellant, cross-appellee.

LeRoy Autrey, Autrey & Weisenberger, Texarkana, Ark., for appellee, cross-appellant.

Before HEANEY, Circuit Judge, GIBSON, Senior Circuit Judge, and STEPHENSON, Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

This case involves the application of the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219 (1976), to the operators of gasoline service stations subject to restrictive lease agreements from the Truman Arnold Distributing Company, a gasoline distributor. The United States District Court for the Western District of Arkansas

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