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E. I. DU PONT DE NEMOURS & COMPANY v. HARRUP

No. 7022.

227 F.2d 133 (1955)

E. I. DU PONT DE NEMOURS & COMPANY, Incorporated, Appellant, v. Dennis F. HARRUP, Lester Blackmon, Beulah F. Viar, John M. Crowder, Jr., and Charles E. Roan, Appellees.

United States Court of Appeals Fourth Circuit.

Decided November 7, 1955.

Attorney(s) appearing for the Case

Aubrey R. Bowles, Jr., Richmond, Va. (H. Armistead Boyd, Jack N. Herod, Richmond, Va., Edward E. Reinhold, Wilmington, Del., and Bowles, Anderson & Boyd, Richmond, Va., on brief), for appellant.

T. Nelson Parker, Richmond, Va. (Thomas N. Parker, Jr., Richmond, Va., on brief), for appellees.

William W. Watson, Atty. United States Department of Labor, Washington, D. C. (Stuart Rothman, Sol., Bessie Margolin, Asst. Sol., and Jeter S. Ray, Regional Atty., United States Department of Labor, Washington, D. C., on brief), for James P. Mitchell, Secretary of Labor, United States Department of Labor, as amicus curiae.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

This suit was brought by certain employees of E. I. du Pont de Nemours & Company, Incorporated, under the Fair Labor Standards Act of 1938 as amended, 29 U.S.C.A. §§ 201-217, to recover overtime compensation for services rendered in a cafeteria maintained by the company in connection with its Spruance plant at Ampthill near Richmond, Virginia, which was engaged in the production of rayon goods for interstate commerce. The case was...

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