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DOLE v. ODD FELLOWS HOME ENDOWMENT BD.

No. 89-2455.

912 F.2d 689 (1990)

Elizabeth H. DOLE, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. ODD FELLOWS HOME ENDOWMENT BOARD, a corporation trading as the I.O.O.F. Home of Elkins, West Virginia, and the Board of Directors of the Odd Fellows Home, a corporation trading and doing business as the I.O.O.F. Home of Elkins, West Virginia, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided August 21, 1990.

Attorney(s) appearing for the Case

Richard Lynn Mills (argued), Rood and Mills, L.C., Huntington, W.Va., for defendant-appellant, Board of Directors of the Odd Fellows Home.

James Timothy Meisel (argued), Huntington, W.Va., for defendant-appellant Odd Fellows Home Endowment Bd.

Wendy Beth Bader (argued), U.S. Dept. of Labor, Washington, D.C. (Robert P. Davis, Sol. of Labor, Monica Gallagher, Associate Sol., Linda Jan S. Pack, Counsel for Appellate Litigation, Marshall H. Harris, Regional Sol., U.S. Dept. of Labor, Washington, D.C., of counsel), for plaintiff-appellee.

Before ERVIN, Chief Judge, and PHILLIPS and MURNAGHAN, Circuit Judges.

PHILLIPS, Circuit Judge:

The question is whether the Fair Labor Standards Act applies to the Independent Order of Odd Fellows Home in Elkins, West Virginia. The Secretary of Labor brought this suit against the Odd Fellows Home Endowment Board and the Board of Directors of the Odd Fellows Home seeking to enjoin appellants from violating the minimum wage, overtime, and recordkeeping requirements of the Act. The district court...

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