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ACOSTA v. CATHEDRAL BUFFET, INC.

No. 17-3427.

887 F.3d 761 (2018)

R. Alexander ACOSTA, Secretary of Labor, Plaintiff-Appellee, v. CATHEDRAL BUFFET, INC.; Ernest Angley, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 16, 2018.

Attorney(s) appearing for the Case

ARGUED: Todd A. Mazzola , RODERICK LINTON BELFANCE, LLP, Akron, Ohio, for Appellants. Mary E. McDonald , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Appellee. ON BRIEF: Todd A. Mazzola , William G. Chris , Lawrence R. Bach , RODERICK LINTON BELFANCE, LLP, Akron, Ohio, for Appellants. Mary E. McDonald , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Appellee.

SILER, J., delivered the opinion of the court in which KETHLEDGE and THAPAR, JJ., joined. KETHLEDGE, J. (pp. 768-70), delivered a separate concurring opinion.

OPINION

The Grace Cathedral church operates a restaurant on its Cuyahoga Falls, Ohio, campus called Cathedral Buffet. For many years, Cathedral Buffet was open to the public and was partially staffed by unpaid church members. Following a Department of Labor (DOL) suit...

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