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

> Court of Appeals for the Fifth Circuit · February 23, 1968 · 390 F.2d 788

URL: https://www.frixlaw.com/law-library/cases/9453405

## Case

- **Full name:** W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. BROWARD MARINE, INC., Et Al., Appellees
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** February 23, 1968
- **Citations:** 390 F.2d 788; 57 Lab. Cas. (CCH) 32,015; 1968 U.S. App. LEXIS 7963
- **Precedential status:** Published
- **Opinion:** Dissent by Brown
- **Judges:** Brown, Coleman, Simpson
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9453405

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9453405. Public record. Not legal advice.