Jerry Shelton v. M.P. Ervin and Betty Ervin, D/B/A Ervin's Liquor Store

HATCHETT, Circuit Judge:

We dismiss this Fair Labor Standards Act (FLSA) case because we hold that the award of attorney fees in such cases is an integral part of the merits of the case, and a judgment is not final in such cases until the attorney fees issue is determined.

FACTS

M.P. and Betty Ervin are joint proprietors of two retail liquor stores in Georgia, one in Madison and the other in Rutledge, approximately ten miles apart. The Ervins employed Jerry Shelton at the Rutledge store on a full time basis from some date prior to January 1,1980, until September of 1980, and again, from March of…