James D. Hodgson, Secretary of Labor, United States Department of Labor v. The Klages Coal and Ice Company, D/B/A Royal Crown Bottling Company

WILLIAM E. MILLER, Circuit Judge.

Appellant, the Secretary of Labor, brought this action pursuant to Section 17 of the Fair Labor Standards Act, 29 U.S.C. §§ 201, 217 to enjoin appellee from violating the overtime requirements of the Act and to restrain continued withholding of unpaid overtime compensation to twenty-eight of its present and former employees. Appellee contended at trial that the employees in question came within the exception to the overtime requirement contained in Section 13(a) (1) of the Act, 29 U.S.C. § 213(a) (1) for “outside salesmen.” After a full hearing, the District…