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JOHNSTON v. SPACEFONE CORP.

No. 82-8143.

706 F.2d 1178 (1983)

William J. JOHNSTON, Plaintiff-Appellant, v. SPACEFONE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

As Amended on Denial of Rehearing and Rehearing August 22, 1983.

Attorney(s) appearing for the Case

Word, Cook & Word, Reuben M. Word, James F. McNamara, Carrollton, Ga., for plaintiff-appellant.

Cofer, Beauchamp, Hawes & Brown, Robert S. Jones, Atlanta, Ga., for defendant-appellee.

Before GODBOLD, Chief Judge, RONEY, Circuit Judge, and PITTMAN, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc August 22, 1983.

GODBOLD, Chief Judge:

This appeal concerns William Johnston's suit against his former employer, Spacefone Corporation, for minimum wages and overtime pay allegedly due under the Fair Labor Standards Act (FLSA). The district court dismissed Johnston's suit for want of subject matter jurisdiction, holding that Johnston was neither "engaged in commerce" nor "engaged in the production of...

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