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DOLE v. MR. W FIREWORKS, INC.

No. 88-5574.

889 F.2d 543 (1989)

Elizabeth DOLE, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. MR. W FIREWORKS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 16, 1989.

Attorney(s) appearing for the Case

Norman B. Smith, Greensboro, N.C., L. Bruce Fryburger, San Antonio, Tex., for defendant-appellant.

Katherine Waldbauer, Linda Jan S. Pack, U.S. Dept. of Labor, Washington, D.C., Ronnie Howell, U.S. Dept. of Labor, Office of Sol., Dallas, Tex., for plaintiff-appellee.

Before GARWOOD, JONES, and SMITH, Circuit Judges.

GARWOOD, Circuit Judge:

This is yet another chapter in the ongoing battle between the Secretary of Labor (Secretary) and Mr. W Fireworks, Inc. (Mr. W) over the application of the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. (FLSA), to the operators of Mr. W's roadside fireworks stands. The facts and earlier proceedings are set forth in detail in our opinion on the prior appeal in this case, Brock v. Mr. W Fireworks, Inc., 814...

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