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HODGSON v. J. W. LYLES, INC.

Civ. No. 19813.

335 F.Supp. 128 (1971)

James D. HODGSON, Secretary of Labor, United States Department of Labor v. J. W. LYLES, INC., a corporation, trading as Transitruck Center, and Transit Truck Stop, Inc., a corporation.

United States District Court, D. Maryland.

December 16, 1971.

Attorney(s) appearing for the Case

Marshall H. Harris, Deputy Regional Sol., Dept. of Labor (Peter G. Nash, Sol. of Labor, Louis Weiner, Regional Sol. and Michael D. Shapiro, atty., Philadelphia, Pa.), for plaintiff.

H. Russell Smouse and Clapp, Somerville, Black & Honemann, Baltimore, Md., and Samuel L. Bare, III, and Muller, Schenerlein & Bare, Miami, Fla., for defendants.

THOMSEN, District Judge.

In this action brought by the Secretary of Labor to restrain the two corporate defendants from alleged violations of the Fair Labor Standards Act, only one question remains for decision: whether during the years before February 1, 1967, the "truck stops" operated by defendants were "gasoline service stations" within the meaning of § 13(b) (8) of the Act as amended in 1961, Title 29 U.S.C.A. (1965 ed.), § 213(b) (8), and as such exempt...

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