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MARSHALL v. BAPTIST HOSPITAL, INC.

No. 79-1398.

668 F.2d 234 (1981)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. BAPTIST HOSPITAL, INC., d/b/a Baptist Hospital, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 17, 1981.

Attorney(s) appearing for the Case

John R. Trapnell, Robert J. Martin, Jr., Elarbee, Clark & Paul, Robert Buckler, Atlanta, Ga., Thomas W. Schlater, Nashville, Tenn., for defendant-appellant.

Joe B. Brown, U. S. Atty., Nashville, Tenn., Don Shire, Asst. Sol., Fair Labor Standards, Kerry Adams, Washington, D. C., Ralph York and Robert Haynes, U. S. Dept. of Labor, Nashville, Tenn., for plaintiff-appellee.

Before MERRITT, KENNEDY and MARTIN, Circuit Judges.

MERRITT, Circuit Judge.

The main issue here is whether defendant hospital can successfully invoke the good faith defense provided by the Portal to Portal Act so as to exempt their clinical program from the minimum wage and hour provisions of the Fair Labor Standards Act. The District Court, in a comprehensive opinion published at 473 F.Supp. 465 (M.D.Tenn.1979), annotated at 50 A.L.R.Fed. 607 (1980), found the hospital liable...

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