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DONOVAN v. MILLER PROPERTIES, INC.

Civ. A. No. 80-434-B.

547 F.Supp. 785 (1982)

Raymond J. DONOVAN, Secretary of Labor, U. S. Department of Labor, v. MILLER PROPERTIES, INC., et al.

United States District Court, M. D. Louisiana.

September 24, 1982.

Attorney(s) appearing for the Case

Richard S. Thomas, Asst. U. S. Atty., Baton Rouge, La., Barbara G. Heptig, Dallas, Tex., for plaintiff.

G. William Jarman, Sanders, Downing, Kean & Cazedessus, Baton Rouge, La., Thomas W. Power, Robert D. McDonald, Power & McDonald, Washington, D. C., for defendants.

POLOZOLA, District Judge:

The question presented to the Court is: "Is a restaurant `furnishing' food to all its employees within the meaning of § 3(m) of the Fair Labor Standards Act of 1983, as amended, (the Act), 29 U.S.C. § 203(m), when some employees choose not, or would prefer not, to eat the restaurant food; but it is available for them?" For reasons which follow, the Court answers the question in the affirmative.

The Secretary of Labor (Secretary...

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