W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. International Harvester Company

TUTTLE, Chief Judge:

This is an appeal from a judgment, following a jury verdict, determining that the local “store” of International Harvester Company, in Wichita Falls, Texas, was entitled to the retail or service establishment exemption contained in Section 13(a) (2) of the Fair Labor Standards Act. 29 U.S.C.A. § 213(a) (2) 1

The litigation was commenced by the filing of a suit by ten individual plaintiffs, employees of the Wichita Falls outlet of the appellee, who sued for alleged unpaid overtime compensation due them under the Fair Labor Standards Act. There is no dispute.but that they…