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REICH v. DEPT. OF CONS. & NATURAL RESOURCES

No. 92-6978.

28 F.3d 1076 (1994)

Robert REICH, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, STATE OF ALABAMA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 1, 1994.

Attorney(s) appearing for the Case

Office of the Solicitor, U.S. Dept. of Labor, Lauriston H. Long, Birmingham, AL, for appellant.

Samuel D. Payne, William F. Gardner, E. Taylor Abbot, Jr., Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, AL, and Otis J. Goodwyn, Asst. Atty. Gen., Montgomery, AL, for appellee.

Before TJOFLAT, Chief Judge, BIRCH, Circuit Judge, and HENDERSON, Senior Circuit Judge.

HENDERSON, Senior Circuit Judge:

The Secretary of Labor ("Secretary") appeals from the judgment of the United States District Court for the Middle District of Alabama finding in favor of the Alabama Department of Conservation and Natural Resources ("Department") in this action filed by the Secretary pursuant to the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. §§ 201-219. The issues on appeal are confined to whether the Department had actual or constructive...

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