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RHEA LANA, INC. v. DEPT. OF LABOR

No. 15-5014.

824 F.3d 1023 (2016)

RHEA LANA, INC. and Rhea Lana's Franchise Systems, Inc., Appellants v. DEPARTMENT OF LABOR, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 3, 2016.

Attorney(s) appearing for the Case

Stephen S. Schwartz argued the cause for appellants. With him on the briefs were Matthew J. MacLean , John F. Scalia , Washington, D.C., Keith Hudolin , Baltimore, MD, and Daniel Z. Epstein.

Sydney A. Foster , Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Vincent H. Cohen Jr. , Acting U.S. Attorney, Mark B. Stern , Attorney, U.S. Department of Justice, and Dean A. Romhilt , Senior Attorney, U.S. Department of Labor.

Before: GARLAND, Chief Judge, PILLARD, Circuit Judge, and EDWARDS, Senior Circuit Judge.

Plaintiff Rhea Lana's periodic tag sales of used children's toys, clothing, and furnishings — staffed principally by mothers and grandmothers as salespeople — are reminiscent of many a charitable fundraising event. The difference is that Rhea Lana runs and franchises its sales for a profit. The Department of...

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