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DONOVAN v. TEHCO, INC.

No. 79-2658.

642 F.2d 141 (1981)

Raymond J. DONOVAN, Secretary of Labor, U. S. Department of Labor, Plaintiff-Appellant, v. TEHCO, INC., a corporation, and Thomas E. Howell, III, an Individual, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

April 8, 1981.

Attorney(s) appearing for the Case

Donald S. Shire, U. S. Dept. of Labor, Paula W. Coleman, Washington, D. C., for plaintiff-appellant.

Wolff & Wolff, Walter C. Wolff, Jr., San Antonio, Tex., for defendants-appellees.

Before BROWN, THORNBERRY, and WILLIAMS, Circuit Judges.

THORNBERRY, Circuit Judge:

The Secretary of Labor brought suit against appellee, Tehco, Inc.,1 to enjoin recordkeeping and overtime violations of the Fair Labor Standards Act (FLSA)2 and to recover overtime wages due under the Act. Of the forty-two workers at issue, the district court denied relief to twenty-two on the ground that the Secretary had failed to show that they were "employees" within the meaning...

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