LEVINSON v. SPECTOR MOTOR SERVICE

No. 22.

330 U.S. 649 (1947)

LEVINSON v. SPECTOR MOTOR SERVICE.

Supreme Court of United States.

Reargued October 21, 22, 1946.

Decided March 31, 1947.


Attorney(s) appearing for the Case

Harry L. Yale argued the cause for petitioner. With him on the brief was Richard S. Folsom.

David Axelrod argued the cause for respondent on the original argument and Roland Rice on the reargument. With them on the briefs were Harry J. Lurie and Maurice P. Golden. Peter T. Beardsley was also on the brief on the reargument.

By special leave of Court, Jeter S. Ray argued the cause for the Administrator of the Wage and Hour Division, United States Department of Labor, as amicus curiae, on the reargument. With him on the brief was William S. Tyson.

By special leave of Court, Daniel W. Knowlton argued the cause and filed a brief for the Interstate Commerce Commission, as amicus curiae, on the reargument.

Solicitor General McGrath filed a memorandum, as amicus curiae, on the original argument.


MR. JUSTICE BURTON delivered the opinion of the Court.

This case presents the question whether the Interstate Commerce Commission has the power, under § 204 of the Motor Carrier Act, 1935,1 to establish qualifications and maximum hours of service with respect to any "checker" or "terminal foreman," a substantial part of whose activities in that capacity consists of doing, or immediately directing...

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