TENNESSEE COAL CO. v. MUSCODA LOCAL

No. 409.

321 U.S. 590 (1944)

TENNESSEE COAL, IRON & RAILROAD CO. ET AL. v. MUSCODA LOCAL No. 123 ET AL.

Supreme Court of United States.

Decided March 27, 1944.


Attorney(s) appearing for the Case

Messrs. Nathan L. Miller and Borden Burr for the Tennessee Coal, Iron & Railroad Co., petitioner. Messrs. E.L. All, S.M. Bronaugh, and William B. White submitted for the Sloss-Sheffield Steel & Iron Co., and Messrs. T.F. Patton, R.T. Rivers, and Borden Burr for the Republic Steel Corp., petitioners.

Mr. Crampton Harris, with whom Messrs. J.Q. Smith and Lee Pressman were on the brief (Mr. James A. Lipscomb entered an appearance), for respondents.

Solicitor General Fahy, with whom Messrs. Robert L. Stern, Douglas B. Maggs, Irving J. Levy, and Miss Bessie Margolin were on the brief, for the Administrator of the Wage and Hour Division, U.S. Department of Labor, intervener.


MR. JUSTICE MURPHY delivered the opinion of the Court.

We are confronted here with the problem of determining in part what constitutes work or employment in underground iron ore mines within the meaning of the Fair Labor Standards Act, 52 Stat. 1060, 29 U.S.C. § 201. This question, which is one of first impression, arises out of conflicting claims based upon the actual activities pursued and upon prior custom and contract...

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