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WILCOX v. TERRYTOWN FIFTH D. VOLUNTEER FIRE DEPT.

No. 89-3378.

897 F.2d 765 (1990)

William M. WILCOX, Jr., Plaintiff-Appellant, v. TERRYTOWN FIFTH DISTRICT VOLUNTEER FIRE DEPARTMENT, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Opinion on Denial of Rehearing and Rehearing May 21, 1990.

Attorney(s) appearing for the Case

Louis L. Robein, Gardner, Robein & Urann, Metairie, La., Thomas A. Woodley, Mulholland & Hickey, Washington, D.C., for plaintiff-appellant.

Leif Jorgenson, U.S. Dept. of Labor, Washington, D.C., for amicus — Secretary of Labor.

Alvin J. Bordelon, Jr., Walker, Bordelon, Hamlin, Theriot & Hardy, New Orleans, La., for defendant-appellee.

Gregory G. Gremillion, Wade A. Langlois, III, Harvey, La., for amicus — Harvey Fire Co.

Before GEE, GARZA, and DAVIS, Circuit Judges.

Opinion on Denial of Rehearing and Rehearing En Banc May 21, 1990.

GEE, Circuit Judge:

Today we decide the close and very difficult question whether the Terrytown Fifth District Volunteer Fire Department, Inc. is a "public agency" as that term is defined in the Fair Labor Standards Act, 29 U.S.C. § 203(x). We determine that it is.

Facts and Prior Proceedings

William Wilcox is a full time...

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