ROBERT L. TAYLOR, District Judge.
Defendant has filed motion for summary judgment of dismissal, on the ground that plaintiff, as a former employee of defendant, was exempt from coverage of the Fair Labor Standards Act, as provided by 29 U.S.C.A. § 213 (a)(2), defendant being a retail establishment.
Affidavits submitted in opposition to the motion show that plaintiff, regularly employed as a janitor, devoted part of his time to disposing of incoming interstate...
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