Opinion

W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Broward Marine, Inc.

390 F.2d 788
57 Lab. Cas. (CCH) 32,015
1968 U.S. App. LEXIS 7963

Court: Court of Appeals for the Fifth Circuit
Filed: Feb 23, 1968
Status: Published
Author: Brown
On the bench: Brown, Coleman, Simpson
Cited by: 4 cases
Authority: More cited than 24.8%

The opinion

JOHN R. BROWN, Chief Judge

(dissenting in part):

I concur fully in the decision of the Court and the opinion except as to the limited holding that ship repair work of the kind revealed in this record can qualify as a “retail or service establishment.” Such maintenance and repair activities bear no resemblance to the retail operation Congress had in mind. Although now bound by it I continue to disagree with Rachal v. Allen, 5 Cir., 1963, 321 F.2d 449 , and 5 Cir., 1967, 376 F.2d 999 , but in any event I do not think that case either warrants or requires the holding here. As to this limited holding I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.