WALLING v. TWYEFFORT, INC.

No. 127, Docket No. 20415.

158 F.2d 944 (1947)

WALLING v. TWYEFFORT, Inc.

Circuit Court of Appeals, Second Circuit.

January 16, 1947.


Attorney(s) appearing for the Case

William S. Tyson and Morton Liftin, both of Washington, D. C., Irving Rozen, of New York City, George M. Szabad and Helen Grundstein, both of Washington, D. C., for plaintiff-appellee.

Davis, Polk, Wardwell, Sunderland & Kiendl, of New York City (William H. Timbers, Rufus D. McDonald, and Cleveland C. Cory, all of New York City, of counsel), for defendant-appellant.

Before L. HAND, CHASE and FRANK, Circuit Judges.


FRANK, Circuit Judge.

The principal issue in this appeal is whether the trial court correctly classified the outside tailors as defendant's employees within the meaning of the Act which contains the following definitions:

"(d) `Employer' includes any person acting directly or indirectly in the interest of an employer in relation to an employee * * *

"(e) `Employee' includes any individual employed by an employer * * *

"(g) `Employ' includes...

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