HODGSON v. ARNHEIM AND NEELY, INC.

Nos. 18772-18774.

444 F.2d 609 (1971)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Appellant in No. 18,772, v. ARNHEIM AND NEELY, INC., a Corporation, Appellant in No. 18,773. Appeal of the INSTITUTE OF REAL ESTATE MANAGEMENT OF the NATIONAL ASSOCIATION OF REAL ESTATE BOARDS, Intervenor, No. 18,774.

United States Court of Appeals, Third Circuit.

Decided June 15, 1971.


Attorney(s) appearing for the Case

Carin Ann Clauss, U. S. Dept. of Labor, Washington, D. C. (Laurence H. Silberman, Sol. of Labor, Bessie Margolin, Assoc. Sol., Sylvia S. Ellison, Atty., U. S. Dept. of Labor, Louis Weiner, Regional Sol., Washington, D. C., on the brief), for James D. Hodgson, Sec. of Labor.

Eugene B. Strassburger, Jr., Strassburger & McKenna, Pittsburgh, Pa., for Arnheim and Neely, Inc.

Frank L. Seamans, Eckert, Seamans & Cherin, Pittsburgh, Pa. (Robert P. Lawry, Pittsburgh, Pa., on the brief), for intervenor.

Before ADAMS and GIBBONS, Circuit Judges, and WHIPPLE, District Judge.


OPINION OF THE COURT

ADAMS, Circuit Judge.

In this case, we are asked to decide whether a real estate management company which operates and maintains, but does not own, certain commercial buildings is an employer whose activities are regulated by the Fair Labor Standards Act as amended.

The Secretary of Labor sought an injunction in the District Court for the Western District of Pennsylvania under § 17 of the Fair Labor Standards Act, 29 U.S...

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