WALLING v. KEANSBURG STEAMBOAT CO.

No. 9270.

162 F.2d 405 (1947)

WALLING, Administrator, Wage and Hour Division, U. S. Department of Labor, v. KEANSBURG STEAMBOAT CO.

Circuit Court of Appeals, Third Circuit.

Decided June 13, 1947.


Attorney(s) appearing for the Case

Morton Liftin and Eugene Green, both of Washington, D. C., (William S. Tyson, Sol., and Bessie Margolin, Asst. Sol., both of Washington, D. C., and John A. Hughes, Regional Atty., of New York City, on the brief), for appellant.

Sidney A. Schwartz, of New York City (Victor Samuel, of Newark, N. J., and Alexander & Ash and Edward Ash, all of New York City, on the brief), for appellee.

Before BIGGS, MARIS, and O'CONNELL, Circuit Judges.


O'CONNELL, Circuit Judge.

This appeal raises questions concerning the applicability of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., to certain employees of defendant-appellee.

There is no substantial dispute as to the facts involved. Defendant has been engaged in the operation of two steamships. Between May and September or October of the years 1938-1944, the vessels were used to transport passengers between New Jersey and New York...

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