WALLING v. GREAT LAKES DREDGE & DOCK CO.

No. 8648.

149 F.2d 9 (1945)

WALLING, Adm'r of Wage and Hour Division, U. S. Dept. of Labor, v. GREAT LAKES DREDGE & DOCK CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 9, 1945.


Attorney(s) appearing for the Case

Harry A. White, Homer D. Dines, and Donovan Y. Erickson, all of Chicago, Ill., for appellant.

Douglas B. Maggs and Bessie Margolin, both of Washington, D. C., Kenneth P. Montgomery and Sidney A. Jones, Jr., both of Chicago, Ill., and Archibald Cox, Associate Sol., and Edward D. Friedman, Atty., United States Department of Labor, both of Washington, D. C., for appellee.

Before EVANS, MAJOR, and KERNER, Circuit Judges.


EVANS, Circuit Judge.

The Fair Labor Standards Act, 29 U.S. C.A. § 213(a) (3), provides an exemption for "any employee employed as a seaman." The sole issue in the instant case was whether men employed on a dredge were "seamen." Judge Barnes answered the quere in the negative. He predicated his conclusion on the grounds that (a) the Act is remedial and calls for a liberal construction and (b) the factual situation required it.

The facts were largely...

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