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LOCAL NO. 6167, ETC. v. JEWELL RIDGE COAL CORPORATION

No. 5246.

145 F.2d 10 (1944)

LOCAL NO. 6167, UNITED MINE WORKERS OF AMERICA, et al. v. JEWELL RIDGE COAL CORPORATION.

Circuit Court of Appeals, Fourth Circuit.

Writ of Certiorari Granted January 2, 1945.

Attorney(s) appearing for the Case

Crampton Harris, of Birmingham, Ala. (Welly K. Hopkins, of Washington, D. C., and Frank W. Rogers and Leonard G. Muse, both of Roanoke, Va., on the brief), for appellants.

George Richardson, Jr., of Bluefield, W. Va., and William A. Stuart, of Abingdon, Va. (Penn, Stuart & Phillips, of Abingdon, Va., and Richardson & Kemper, of Bluefield, W. Va., on the brief), for appellee.

John C. Gall, of Washington, D. C. (E. R. Burke, of Washington, D. C., on the brief), for Southern Coal Producers Ass'n, as amicus curiae.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

Writ of Certiorari Granted January 2, 1945. See 65 S.Ct. 434.

PARKER, Circuit Judge.

This is an appeal in a suit instituted to obtain a declaratory judgment to the effect that the Fair Labor Standards Act of 1938 does not require that "travel time" from "portal to portal" be included in the "work week" of miners in bituminous coal mines. Plaintiff is the owner and operator of two mines in western Virginia employing...

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