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  5. 757 F.2d 1376 (1985)
 

DONOVAN v. DIALAMERICA MARKETING, INC.

Nos. 84-5217, 84-5245.

757 F.2d 1376 (1985)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Appellant in No. 84-5217, Appellee in No. 84-5245 v. DIALAMERICA MARKETING, INC., Appellant in No. 84-5245, Appellee in No. 84-5217.

United States Court of Appeals, Third Circuit.

Decided March 13, 1985.

Rehearing and Rehearing Denied April 9, 1985.

As Amended April 18, 1985.

Attorney(s) appearing for the Case

Francis X. Lilly, Solicitor of Labor, Joseph Woodward, Acting Associate Sol., Linda Jan S. Pack, for appellate litigation.

Claire Brady White (argued), U.S. Dept. of Labor, Washington, D.C., for appellant in No. 84-5217 and appellee in No. 84-5245.

Charles I. Poret (argued), Mark R. Kook, Sharfman, Shanman, Poret & Siviglia, New York City, for appellant in No. 84-5245 and appellee in No. 84-5217.

Before GIBBONS, BECKER, Circuit Judges, and VAN DUSEN, Senior Circuit Judge.

Rehearing and Rehearing In Banc Denied April 9, 1985.

OPINION OF THE COURT

BECKER, Circuit Judge.

This opinion concerns an appeal by the Secretary of Labor (the "Secretary") from the district court's judgment for defendant, DialAmerica Marketing, Inc., in an action brought by the Secretary under the Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (1982) (the "FLSA"). The Secretary alleged that...

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