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RUSSELL CO. v. McCOMB

No. 13125.

187 F.2d 524 (1951)

RUSSELL CO., Inc. v. McCOMB.

United States Court of Appeals Fifth Circuit.

March 9, 1951.

Attorney(s) appearing for the Case

Fred J. Lotterhos, Jackson, Miss., for appellant.

William S. Tyson, Solicitor, Bessie Margolin, Asst. Solicitor, and Kay Kimmell, Atty., U. S. Dept. of Labor, all of Washington, D. C., and Beverley R. Worrell, Regional Atty., U. S. Dept. of Labor, Birmingham, Ala., for appellee."

Before HUTCHESON, Chief Judge, and McCORD and RUSSELL, Circuit Judges.

McCORD, Circuit Judge.

This suit was brought by the Administrator of the Wage and Hour Division of the United States Department of Labor1 to restrain certain alleged violations of the Fair Labor Standards Act of 1938. Title 29 U.S.C.A. § 201.

The question here presented is whether a night watchman employed by appellant was "engaged in commerce" or in the "production of goods for commerce" in

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