DONOVAN v. SCOLES

No. 79-3551.

652 F.2d 16 (1981)

Ray DONOVAN, Secretary of Labor, United States Department of Labor, Appellant, v. Larry SCOLES, Individually, and Doing Business as College Exxon Service Station, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 27, 1981.


Attorney(s) appearing for the Case

Mary Ann Bernard, Washington, D. C., for appellant.

Ronald W. Meyer, Phoenix, Ariz., for appellee.

Before MARKEY, Chief Judge, Customs and Patent Appeals, and HUG and POOLE, Circuit Judges.


HUG, Circuit Judge:

This case concerns the extent of the coverage of the Fair Labor Standards Act. The issue is whether the coverage of the Act extends to a business enterprise whose only connection with interstate commerce is that some of its employees handle goods that have moved in interstate commerce, even though the goods have come to rest within the state prior to acquisition by the business enterprise.

The Secretary of Labor brought the action under...

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