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DONOVAN v. I-20 MOTELS, INC.

No. 80-3985.

664 F.2d 957 (1981)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. I-20 MOTELS, INC. and James S. Noel, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 28, 1981.

Attorney(s) appearing for the Case

Donald S. Shire, Assoc. Sol., Claire Brady White, U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellant.

Gamm, Greenberg & Kaplan, Jack H. Kaplan, Shreveport, La., for defendants-appellees.

Before BROWN, COLEMAN and RUBIN, Circuit Judges.

PER CURIAM:

The Secretary of Labor appeals from the District Court's refusal to apply the "rolling quarter" method to compute the annual dollar volume of I-20 Motels' sales in order to determine coverage under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. The controversy arose out of Motels' alleged violation of the FLSA's minimum wage, overtime, and recordkeeping provisions for the years 1976 and...

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