United States Fourth Circuit

Defendant successfully appeals a ruling in favor of plaintiff, based on an alleged violation of the Fair Labor Standards Act of 1938 (FLSA), where the district court erred in finding that Christmas tree farming was not "agriculture" as the term is defined in the FLSA section 203(f).

Appellate Information

• Decided 08/02/2004
• Published 08/02/2004

Judges

• Before WIDENER and WILLIAMS, Circuit Judges, and BEEZER, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William Randolph Loftis, Jr., Constangy, Brooks & Smith, L.L.C., Winston-Salem, North Carolina, for Appellants.  Paula Wright Coleman, United States Department of Labor, Washington, D.C., for Appellee.   ON BRIEF:  Robin E. Shea, Kristine M. Howard, Constangy, Brooks & Smith, L.L.C., Winston-Salem, North Carolina, for Appellants.  Howard M. Radzely, Solicitor of Labor, Steven J. Mandel, Associate Solicitor, Paul L. Frieden, for Appellate Litigation, United States Department of Labor, Washington, D.C., for Appellee.