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DURKIN v. J. B. McCRARY CO.

No. 14311.

206 F.2d 277 (1953)

DURKIN, Secretary of Labor v. J. B. McCRARY CO., Inc. et al.

United States Court of Appeals, Fifth Circuit.

August 6, 1953.

Attorney(s) appearing for the Case

Bessie Margolin, Asst. Sol., U. S. Dept. of Labor, Washington, D. C., Jeter S. Ray, Acting Sol., Washington, D. C., William S. Tyson, Sol., William A. Lowe, Sylvia S. Ellison, Attys., United States Department of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., Birmingham, Ala., for appellant.

Max F. Goldstein, Atlanta, Ga., B. D. Murphy, James N. Frazer and Elliott Goldstein, Atlanta, Ga., Powell, Goldstein, Frazer & Murphy, Atlanta, Ga., of counsel, for appellees.

Before HOLMES, STRUM, and RIVES, Circuit Judges.

STRUM, Circuit Judge.

This suit was instituted by the Secretary of Labor pursuant to section 17 of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 217, to restrain the defendant McCrary Companies from violating the minimum wage and overtime compensation provisions of sections 6 and 7 of said Act, 29 U.S.C.A. §§ 206, 207.

The sole question is whether or not the defendants are within the coverage of the Act. The district judge answered that...

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