Wirtz v. Cincinnati, Newport and Covington Transp. Co.
Decision Date | 29 March 1967 |
Docket Number | No. 16953.,16953. |
Citation | 375 F.2d 513 |
Parties | W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. CINCINNATI, NEWPORT AND COVINGTON TRANSPORTATION COMPANY, Inc., and Richard C. Bennett, Defendants-Appellants. |
Court | U.S. Court of Appeals — Sixth Circuit |
Robert E. Ruberg, Covington, Ky., for appellants, O'Hara & Ruberg, Covington, Ky., on brief.
William H. Horkan, Atty., Dept. of Labor, Washington, D. C., for appellee, Charles Donahue, Solicitor of Labor, Bessie Margolin, Associate Solicitor, Robert E. Nagle, Atty., Dept. of Labor, Washington, D. C., Jeter S. Ray, Regional Atty., Dept. of Labor, Nashville, Tenn., on brief.
Before EDWARDS, CELEBREZZE and PECK, Circuit Judges.
This is an appeal from a judgment of the United States District Court for the Eastern District of Kentucky entered in favor of the Secretary of Labor. The Secretary, appellee herein, had filed a complaint to enforce the minimum wage and maximum hour provisions of the Fair Labor Standards Act of 1938, 52 Stat. 1062-63 (1938), as amended; 29 U.S.C. §§ 206, 207 (1964).
The sole question is whether appellant transportation company is engaged in the business of operating taxi cabs within the meaning of an exemption clause in the Fair Labor Standards Act, § 13(a) (12), 29 U.S.C. § 213(a) (12) (1964). The particular part of its operation which appellant claims to be within this exemption is that involved in the operation of four-passenger sedans which it calls "Red Tops," and which it operates from the Cincinnati Airport in the vicinity of Covington, Kentucky.
The case was heard upon testimony and stipulations. The District Judge found as facts the following:
Based on these findings, the District Judge concluded:
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