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HOGUE v. WILCOX & ZIEGLER, INCORPORATED

Civ. No. 11087.

178 F.Supp. 180 (1959)

Charles Edwin HOGUE v. WILCOX & ZIEGLER, INCORPORATED, a corporation of the State of Maryland.

United States District Court D. Maryland.

November 5, 1959.

Attorney(s) appearing for the Case

Leonard J. Kerpelman, Baltimore, Md., for plaintiff.

H. Donald Schwaab, Baltimore, Md., for defendant.

THOMSEN, Chief Judge.

Plaintiff in this action under the Fair Labor Standards Act was a truck driver for a local fuel oil dealer. The questions in issue are:

I. Whether plaintiff's engagement in activities in commerce1 or in the production of goods for commerce was "isolated, sporadic, or occasional" or "regular and recurring";

II. Whether plaintiff was "employed in a bona fide * * * local retailing capacity", Sec. 13(a...

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