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BROCK v. MR. W FIREWORKS, INC.

No. 86-2170.

814 F.2d 1042 (1987)

William E. BROCK, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. MR. W FIREWORKS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 20, 1987.

Attorney(s) appearing for the Case

Katherine Waldbauer, Linda Jan S. Pack, Washington, D.C., for plaintiff-appellant.

Norman B. Smith, Greensboro, N.C., L. Bruce Fryburger, San Antonio, Tex., Smith, Patterson, Follin, Curtis, James & Harkavy, Greensboro, N.C., for defendant-appellee.

Before GOLDBERG, RUBIN and POLITZ, Circuit Judges.

GOLDBERG, Circuit Judge:

In 1983, the Secretary of Labor (Secretary) brought suit against Mr. W Fireworks, Inc. (Mr. W), alleging continuing violations since 1980 of the recordkeeping, minimum wage, and overtime provisions of the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. (FLSA or Act). The only question presented in this appeal is whether the operators of Mr. W's fireworks stands are "employees" within the meaning of the FLSA.

In 1938...

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