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REICH v. AMERICAN DRIVER SERVICE, INC.

No. 92-35369.

33 F.3d 1153 (1994)

Robert B. REICH, Secretary of Labor; U.S. Department of Labor, Plaintiffs-Appellants, v. AMERICAN DRIVER SERVICE, INC., a corporation; James I. Roberts, individually, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 30, 1994.

Attorney(s) appearing for the Case

Anne P. Fugett, U.S. Dept. of Labor, Washington, DC, for plaintiffs-appellants.

Thomas F. Dowd, Omaha, NE, for defendants-appellees.

Before: TANG, FARRIS and RYMER, Circuit Judges.

Opinion by Judge TANG; Dissent by Judge FARRIS.

TANG, Senior Circuit Judge:

The Secretary of Labor appeals the district court's decision to include within the Secretary of Transportation's jurisdiction, the drivers, fuelers and utility workers of American Driver Services, Inc. ("ADS"), a motor contract carrier. The district court's decision exempts ADS from the maximum hours provisions of the Fair Labor Standards Act ("FLSA"). The Secretary of Labor argues...

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