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MITCHELL v. STRICKLAND TRANSPORTATION COMPANY

Nos. 15427, 15428.

228 F.2d 124 (1955)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. STRICKLAND TRANSPORTATION COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 11, 1956.

Attorney(s) appearing for the Case

Earl Street, Reg. Atty., U. S. Dept. of Labor, Dallas, Tex., Bessie Margolin, Asst. Sol., U. S. Dept. of Labor, Sylvia S. Ellison, Atty., Washington, D. C., Stuart Rothman, Solicitor, Morton J. Marks, Washington, D. C., Eugene R. Jackson, New York City, United States Dept. of Labor, for appellant.

Ralph W. Currie, Dallas, Tex., Robert E. Currie, Somerset, Tex., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges.

BROWN, Circuit Judge.

These cases1 present the common question: Under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., is a night watchman, who performs his duties under the circumstances here present, at an interstate motor truck terminal an employee rather than an independent contractor?2

The district court after a full trial answered it in the...

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