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WIRTZ v. HEBERT

No. 22893.

368 F.2d 139 (1966)

W. Willard WIRTZ, Secretary of Labor, U. S. Department of Labor, Appellant, v. Clyde H. HEBERT and Cotulla Livestock Commission Company, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 18, 1966.

Attorney(s) appearing for the Case

Joel Chasnoff, Atty., Bessie Margolin, Associate Sol., Charles Donahue, Sol., Robert E. Nagle, Atty., Dept. of Labor, Washington, D. C., Major Parmenter, Regional Atty., for appellant.

Virgil Howard, Wade & Howard, Corpus Christi, Tex., for appellees.

Before WISDOM, BELL and AINSWORTH, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge.

The Secretary appeals from an adverse decision of the District Court. Wirtz v. Hebert, S.D.Tex., 1965, 239 F.Supp. 705. The suit involved overtime compensation allegedly due one employee, Chris Walter, Jr., under the Fair Labor Standards Act. 29 U.S.C.A. § 207(a) (1). The question presented is whether Mr. Walter should be treated as a joint employee...

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