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MARTIN v. BEDELL

No. 90-3706.

955 F.2d 1029 (1992)

Lynn MARTIN, Secretary of Labor, Plaintiff-Appellant, v. Leslie N. BEDELL and Blue Water Marine, Catering, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 25, 1992.

Attorney(s) appearing for the Case

Wendy B. Bader, William J. Stone, Paula W. Coleman, Counsel, Appellate Lit., U.S. Dept. of Labor, Washington, D.C., Robert P. Davis, Sol. of Labor, U.S. Dept. of Labor, Dallas, Tex., for plaintiff-appellant.

Haywood H. Hillyer, III, Milling, Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, La., for defendants-appellees.

Before WISDOM, HIGGINBOTHAM, and SMITH, Circuit Judges.

WISDOM, Circuit Judge:

This case presents the question whether the cooks employed by the defendant/appellee, a caterer to boats providing offshore support to oil companies in the Gulf of Mexico, are entitled to overtime pay under the Fair Labor Standards Act (FLSA). Because the income generated by those cooks must be attributed to their employer, the employer is bound to comply with the Act's overtime provisions. Because the district court's factual findings are insufficient...

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