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ARCHER v. BROWN & ROOT, INC.

No. 16289.

241 F.2d 663 (1957)

Wesley E. ARCHER et al., Appellants, v. BROWN & ROOT, Inc., and T. L. James & Co., Inc., d/b/a Louisiana Bridge Co., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 3, 1957.

Attorney(s) appearing for the Case

Gordon Goodbee, Covington, La., Bessie Margolin, Asst. Sol. Dept. Labor, Sylvia S. Ellison, Atty., Dept. Labor, Stuart Rothman, Sol. Dept. Labor, Washington, D. C., Lawrence P. Hochberg, Dept. of Labor, Washington, D. C., Earl Street, Regional Atty., Dallas, Tex., for appellants.

Ben H. Powell, Jr., Houston, Tex., James W. Wilson, Austin, Tex., Howard W. Lenfant, New Orleans, Lenfant & Villere, New Orleans, La., Powell, Wirtz, Rauhut & McGinnis, Austin, Tex., of counsel, for appellees.

Before RIVES, TUTTLE and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

The District Court, sustaining the Employer's motion for summary judgment, held that persons working on (a) the construction of the Lake Pontchartrain Causeway, (b) the production of materials for use in its construction, and (c) the construction of the field plant for the production of materials essential to construction of the Causeway, were not "engaged in commerce or in the production of goods for commerce * * *," 29 U.S.C.A. §...

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