Richland County Association For Retarded Citizens v. Ray Marshall

660 F.2d 388 25 Wage & Hour Cas. (BN 142, 91 Lab.Cas. P 34,018 , 92 Lab.Cas. P 34,105 RICHLAND COUNTY ASSOCIATION FOR RETARDED CITIZENS, a Montana Corporation, Plaintiff-Appellee, v. Ray MARSHALL, Secretary of Labor, United States Department of Labor; and Xavier M. Vela, Administrator of Wage and Hour Division, United States Department of Labor, Defendants-Appellants. No. 78-2532. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 14, 1980. Decided Oct. 9, 1981. W. William Leaphart, The Leaphart Law Firm, Helena, Mont., for plaintiff-appellee. Appeal from the United States District Court for the District of Montana. Before WRIGHT and ALARCON, Circuit Judges, and FRYE * , District Judge. ALARCON, Circuit Judge: 1 Richland County Association for Retarded Citizens (Richland) brought suit against the Secretary of Labor in district court in Montana, seeking a declaratory judgment that employees of the Sidney Group Home, operated by Richland, were exempt from the provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. The Secretary counterclaimed to enjoin Richland from violating the FLSA. The district court, relying on National League…