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MITCHELL v. MERCER WATER CO.

No. 11126.

208 F.2d 900 (1953)

MITCHELL v. MERCER WATER CO. et al.

United States Court of Appeals Third Circuit.

Decided December 17, 1953.

As Amended December 24, 1953.

Attorney(s) appearing for the Case

Lee C. McCandless, Butler, Pa., for appellant.

E. Gerald Lamboley, Washington, D. C. (Stuart Rothman, Solicitor, Bessie Margolin, Chief of Appellate Litigation, Washington, D. C., Ernest N. Votaw, Regional Atty., Philadelphia, Pa., on the brief), for appellee.

Before KALODNER, STALEY and HASTIE, Circuit Judges.

PER CURIAM.

The questions presented are (1) whether operating, maintenance and clerical employees employed interchangeably by a gas company and a water company, which furnish gas and water to industrial concerns for use in manufacturing products for interstate commerce and receive gas flowing from out of the State, are engaged "in commerce or in the production of goods for commerce" within the meaning of the Fair Labor Standards Act of 1938, as amended,

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