DONOVAN v. SUTHERLAND

Civ. No. 80-72340.

530 F.Supp. 748 (1982)

Raymond J. DONOVAN, Secretary of Labor, U. S. Department of Labor, Plaintiff, v. James SUTHERLAND, individually and d/b/a Sutherland Fish & Chips, Defendant.

United States District Court, E. D. Michigan, S. D.

January 26, 1982.


Attorney(s) appearing for the Case

John C. Nangle, Associate Regional Solicitor U. S. Dept. of Labor, Detroit, Mich., for plaintiff.

Aubrey V. McCutcheon, Jr., Detroit, Mich., for defendant.


OPINION

GUY, District Judge.

The court has before it plaintiff's motion for partial summary judgment in a proceeding brought by the Secretary of Labor alleging that the defendant, doing business as Sutherland Fish and Chips, has violated the minimum wage provisions of the Fair Labor Standards Act (29 U.S.C. § 201, et seq.), hereinafter called the Act. The only question before the court is whether the so-called "Mom and Pop" establishment exemption...

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