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DONOVAN v. S & L DEVELOPMENT CO.

No. 79-4563.

647 F.2d 14 (1981)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. S & L DEVELOPMENT CO., a Partnership, and Charles Langdon and Don G. Simpson, Individually and as Partners, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 1, 1981.

Attorney(s) appearing for the Case

Carin A. Clauss, Washington, D. C., for plaintiff-appellant.

Rex R. Mull, Bakerfield, Cal., for defendants-appellees.

Before CHOY and ALARCON, Circuit Judges, and HEMPHILL, District Judge.

ALARCON, Circuit Judge:

The Secretary of Labor appeals from the district court's decision that construction workers employed by the defendants-appellees are not entitled to the protection of the Fair Labor Standards Act of 1938, as amended.1 The district court concluded that defendants were not "engaged in the business of construction or reconstruction" as set forth in § 3(s)(4) of the Act,2 because

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