Lynn Martin , Secretary of Labor, U.S. Department of Labor v. The Refrigeration School, Inc., Lynn Martin, Secretary of Labor, U.S. Department of Labor v. The Refrigeration School, Inc.

968 F.2d 3 30 Wage & Hour Cas. (BNA) 1580 , 122 Lab.Cas. P 35,662, 76 Ed. Law Rep. 60 Lynn MARTIN * , Secretary of Labor, U.S. Department of Labor, Plaintiff-Appellee, v. THE REFRIGERATION SCHOOL, INC., Defendant-Appellant. Lynn MARTIN, Secretary of Labor, U.S. Department of Labor, Plaintiff-Appellant, v. THE REFRIGERATION SCHOOL, INC., Defendant-Appellee. Nos. 90-16799, 91-15090. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 10, 1992. Decided June 23, 1992. Paul Frieden, U.S. Dept. of Labor, Washington, D.C., for plaintiff-appellee-cross-appellant. Marc L. Spitzer, Fennemore, Craig, Von Ammon, Udall & Powers, Phoenix, Ariz., for defendant-appellant-cross-appellee. Appeal from the United States District Court for the District of Arizona. Before: REINHARDT, NOONAN, and THOMPSON, Circuit Judges. REINHARDT, Circuit Judge: 1 The key question in this case is whether a trade school is a retail establishment for the purposes of the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 , et seq. (the FLSA). The Secretary of Labor ruled that it was not; the district court sustained the Secretary; and we affirm, although for different reasons. We remand…