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McCOMB v. C. H. MUSSELMAN CO.

No. 9591.

167 F.2d 918 (1948)

McCOMB v. C. H. MUSSELMAN CO.

Circuit Court of Appeals, Third Circuit.

Decided April 30, 1948.

Attorney(s) appearing for the Case

Ernest N. Votaw, of Philadelphia, Pa., and William S. Tyson, of Washington, D. C. (Bessie Margolin, Asst. Sol., Frederick U. Reel, and Sidney S. Berman, Attys., U. S. Department of Labor, all of Washington, D. C., on the brief), for appellant.

Hull, Leiby and Metzger, of Harrisburg, Pa. (George H. Hafer and Arthur H. Hull, both of Harrisburg, Pa., on the brief), for appellee.

Before GOODRICH and KALODNER, Circuit Judges, and BARD, District Judge.

PER CURIAM.

This case presents the question whether the work done by certain employees comes within the exemption of Section 7(c) of the Fair Labor Standards Act, 29 U.S.C. A. § 207(c). If the employees concerned are engaged in the "first processing of * * * fresh fruits" they are exempt and the District Court's decision must be upheld.

A short description of the manufacturing routine involved will make the point clear. Apples move from the storage warehouse...

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