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WALLING v. MID-CONTINENT PIPE LINE CO.

No. 2859.

143 F.2d 308 (1944)

WALLING, Administrator of Wage and Hour Division, United States Department of Labor, v. MID-CONTINENT PIPE LINE CO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied July 17, 1944.

Attorney(s) appearing for the Case

Bessie Margolin, Asst. Sol., of Washington, D. C. (Douglas B. Maggs, Sol., and Archibald Cox, Associate Sol., both of Washington, D. C., Llewellyn B. Duke, Regional Atty., of Dallas, Tex., and Faye Blackburn, Atty., United States Department of Labor, of Washington, D. C., on the brief), for appellant.

J. P. Greve, of Tulsa, Okl. (R. H. Wills, J. H. Crocker, Ben Hatcher, and J. H. Woodward, all of Tulsa, Okl., on the brief), for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

The Wage and Hour Administrator brought this suit to enjoin the appellee, Mid-Continent Pipe Line Company, from violating Section 15(a) (1) (2) (5) of the Fair Labor Standards Act, 29 U.S.C.A. § 215(a) (1, 2, 5). The appellee denied coverage under the Act, alleging that the employees involved were not engaged in commerce or in the production of goods for commerce, and that it was a service establishment under Section 13(a) (2) of the Act...

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