Legal Opinion

James d.hodgson, Secretary of Labor, United States Department of Labor v. University Club Tower, Inc.

Court of Appeals for the Tenth Circuit

Decided August 22, 1972No. 72-1028PublishedCited by 17 opinions

1Opinion of the Court

BREITENSTEIN, Circuit Judge.

Claiming that the defendants-appellees are a single enterprise within the meaning of § 3(r) of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., the Secretary sued to enforce the minimum wage, overtime, and record keeping provisions of the Act. The district court denied relief and the Secretary has appealed.

The facts were stipulated. In 1968, defendant-appellee Kin-Ark Company, Inc., a conglomerate, acquired two apartment buildings and a hotel in the Tulsa, Oklahoma, area. The hotel, Camelot Inn Motor Hotel, is owned and operated by Kin-Ark. Defendant-appellee…

2Cases cited9 opinions

  1. A. H. Phillips, Inc. v. WallingSupreme Court of the United States · 1945
  2. Mitchell v. Lublin, McGaughy & AssociatesSupreme Court of the United States · 1959
  3. Powell v. United States Cartridge Co.Supreme Court of the United States · 1950
  4. Farmers Reservoir & Irrigation Co. v. McCombSupreme Court of the United States · 1949
  5. W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Savannah Bank & Trust Company of SavannahCourt of Appeals for the Fifth Circuit · 1966

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3Cited by17 opinions

  1. Marvin E. Birdwell, Gary C. Alexander, Martha L. Harbin Mark Henderson and Jeffrey W. Wagnon v. City of Gadsden, Alabama, a Municipal CorporationCourt of Appeals for the Eleventh Circuit · 1992
  2. Peter J. Brennan, Secretary of Labor, United States Department of Labor v. Plaza Shoe Store, Inc.Court of Appeals for the Eighth Circuit · 1975
  3. Lamon v. City of Shawnee, Kan.District Court, D. Kansas · 1991
  4. Jerzak v. City of South BendDistrict Court, N.D. Indiana · 1998
  5. Usery v. Mohs Realty Corp.District Court, W.D. Wisconsin · 1976

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