Libby, McNeill & Libby v. James P. Mitchell, Secretary of Labor, United States Department of Labor

JOHN R. BROWN, Circuit Judge.

The question here is whether the production of citrus pulp cattle feed and citrus molasses simultaneously performed during the processing of fresh citrus fruits into canned or concentrated frozen juices or fruit entitled the Employer to an Fair Fair Labor Standards Act § 7(b) (3) “seasonal industry” exemption. It is conceded that for these two by-product operations the Employer is entitled to the § 7(c) exemption.

At the outset it simplifies our understanding to contrast in a gross way these two exemptions 1 §§ 7(b) (3) and 7(c). Section 7(c), if applicable, is so…