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BARBE v. CUMMINS CONST. CORPORATION

No. 5138.

138 F.2d 667 (1943)

BARBE v. CUMMINS CONST. CORPORATION.

Circuit Court of Appeals, Fourth Circuit.

November 9, 1943.

Attorney(s) appearing for the Case

George A. Mahone and Wylie L. Ritchey, both of Baltimore, Md., for appellant.

Seymour O'Brien, of Baltimore, Md. (Miles & O'Brien, of Baltimore, Md., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PER CURIAM.

This is an appeal in a case instituted under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The plaintiff was a cement finisher, working on the construction of buildings. His work consisted principally in leveling or pointing up concrete construction after the wooden frames had been removed therefrom. In some instances he assisted in pouring the concrete into wooden frames. It is contended that his work was "in commerce" within the...

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