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AIRLINES TRANSP v. TOBIN

No. 6403.

198 F.2d 249 (1952)

AIRLINES TRANSP., Inc. v. TOBIN, Secretary of Labor.

United States Court of Appeals Fourth Circuit.

Decided July 24, 1952.

Attorney(s) appearing for the Case

E. K. Powe and Eugene C. Brooks, Jr., Durham, N. C., for appellant.

Bessie Margolin, Asst. Sol., United States Department of Labor, Washington, D. C. (William S. Tyson, Sol., William A. Lowe and Harold S. Saxe, Attys., United States Department of Labor, Washington, D. C., and Beverley R. Worrell, Regional Atty., United States Department of Labor, Birmingham, Ala., on the brief), for appellee.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and PAUL, District Judge.

SOPER, Circuit Judge.

This suit involves the question whether the employees of Airlines Transportation, Inc., are employees "engaged in commerce" within the meaning of § 6(a) of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq.; and if so, whether they fall within the terms of § 13(a) of the Act which provides that § 6 shall not apply to any employee of an employer engaged in the business of operating taxicabs. It is conceded that Airlines...

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