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McCOMB v. HERLIHY

No. 5579.

161 F.2d 568 (1947)

McCOMB v. HERLIHY et al.

Circuit Court of Appeals, Fourth Circuit.

May 7, 1947.

Attorney(s) appearing for the Case

Frederick U. Reel, Atty., United States Department of Labor, of Washington, D. C. (William S. Tyson, Solicitor, and Bessie Margolin, Asst. Solicitor, both of Washington, D.C., George A. Downing, Regional Atty., of Atlanta, Ga., Morton Liftin and James F. O'Hare, Attys., United States Department of Labor, both of Washington, D. C., on the brief), for appellant.

John H. Nolen, of Spartanburg, S.C. (Odom, Bostick & Nolen, of Spartanburg, S.C., and P. L. Felder, Jr., of Orangeburg, S.C., on the brief), for appellees.

Before GRONER, Chief Justice, United States Court of Appeals for District of Columbia, and SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

This suit was brought under Section 17 of the Fair Labor Standards Act, 29 U.S. C.A. § 217, to enjoin a partnership known as the Power Oil Company from violation of the provisions of the statute as to the wages and hours of employment of their employees and the keeping of records in regard thereto. The suit was dismissed by the District Judge on the ground that the employees affected were not engaged in interstate commerce or in the production...

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