SEALY v. MITCHELL

No. 16750.

249 F.2d 327 (1957)

J. Robert SEALY, Appellant, v. James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellee.

United States Court of Appeals Fifth Circuit.

November 18, 1957.


Attorney(s) appearing for the Case

J. Willis Conger, Bainbridge, Ga., Conger & Conger, Bainbridge, Ga., of counsel, for appellant.

Harry M. Leet, Atty., Bessie Margolin, Asst. Sol., Stuart Rothman, Sol., U. S. Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., Birmingham, Ala., for appellee.

Before RIVES, JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

This case, consolidating two actions by the Secretary, one for a record-keeping injunction under Section 17, 29 U.S.C.A. § 217, and the other for unpaid overtime and penalties on behalf of specific employees, 29 U.S.C.A. § 216(c), raises the question whether the drilling of a wild wildcat well in Georgia is itself under the Fair Labor Standards Act as commerce or production of goods for commerce and, if not, whether it is obliquely...

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