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Legal Opinion

John T. Dunlop, Secretary of Labor, United States Department of Labor v. Mitchell N. Ashy

Court of Appeals for the Fifth Circuit

Decided July 13, 1977No. 75-3405PublishedCited by 23 opinions

1Opinion of the Court

GEWIN, Circuit Judge:

This is an appeal by the Secretary of Labor from the district court’s decision that the Downtowner Motor Inn in Opelousas, Louisiana and the Inn Restaurants, Inc. are not a single “enterprise” within the meaning of the Fair Labor Standards Act (FLSA or the Act), 29 U.S.C. §§ 201 et seq., 203(r). Brennan v. Ashy, 397 F.Supp. 1347 (W.D. La.1975). The Secretary contends that the district court’s opinion is erroneous as a matter of law and is, therefore, unshielded by the “clearly erroneous” standard of Rule 52, Fed.R.Civ.P. Brennan v. Plaza Shoe Store, Inc., 522 F.2d 843,…

2Cases cited15 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Idaho Sheet Metal Works, Inc. v. WirtzSupreme Court of the United States · 1966
  3. Mitchell v. C. W. Vollmer & Co.Supreme Court of the United States · 1955
  4. Brennan v. Arnheim & Neely, Inc.Supreme Court of the United States · 1973
  5. Peter J. Brennan, Secretary of Labor, United States Department of Labor v. Veterans Cleaning Service, Inc.Court of Appeals for the Fifth Circuit · 1973

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3Cited by23 opinions

  1. Raymond J. Donovan, Secretary of Labor, United States Department of Labor, and 177 Named Employees v. Grim Hotel Company, a CorporationCourt of Appeals for the Fifth Circuit · 1984
  2. Reich v. Bay, Inc.Court of Appeals for the Fifth Circuit · 1994
  3. Raymond J. Donovan, Secretary of Labor, U. S. Department of Labor v. Janitorial Services, Incorporated, Lester Meis, IndividuallyCourt of Appeals for the Fifth Circuit · 1982
  4. Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Easton Land & Development, Inc., Ses, Inc., and Samuel M. Easton, Jr.Court of Appeals for the Eleventh Circuit · 1984
  5. Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Kenneth C. Weber, Individually and D/B/A White House CafeteriaCourt of Appeals for the Eighth Circuit · 1984

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