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REICH v. TILLER HELICOPTER SERVICES, INC.

No. 92,7368.

8 F.3d 1018 (1993)

Robert B. REICH, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. TILLER HELICOPTER SERVICES, INC. and William J. Tiller, Sr., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 10, 1993.

Attorney(s) appearing for the Case

Lois R. Zuckerman, William J. Stone, Appellate Litigation, Fair Labor Standards Div., Office of U.S. Dept. of Labor, Washington, DC, for plaintiff-appellant.

Michael L. Holland, Ben F. Foster, Jr., San Antonio, TX, for defendants-appellees.

C.C. Small, Jr., Ed Small, Small, Craig & Werkenthin, Austin, TX, for amicus curiae TX & Southwestern Cattle Raisers Assoc.

John J. Rademacher, Michael Stientjes, Park Ridge, IL, for amici curiae Am. Farm Bureau Fed. and TX Farm Bureau.

Before REAVLEY and GARWOOD, Circuit Judges, and LAKE, District Judge.

SIM LAKE, District Judge:

The Secretary of Labor appeals the rulings of the district court following a bench trial (1) that certain work of employees of Tiller Helicopter Services, Inc., was exempt agricultural work under the Fair Labor Standards Act (FLSA), (2) that the Secretary's failure to pursue trial by jury precluded the court from awarding liquidated damages, and (3) that Appellees' violations of the Fair Labor Standards Act were not willful. We AFFIRM.

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