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MITCHELL v. SHERRY CORINE CORPORATION

No. 7784.

264 F.2d 831 (1959)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. SHERRY CORINE CORPORATION, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 13, 1959.

Attorney(s) appearing for the Case

Sylvia S. Ellison and Beate Bloch, Attys., U. S. Dept. of Labor, Washington, D. C. (Stuart Rothman, Sol., and Bessie Margolin, Asst. Sol., U. S. Dept. of Labor, Washington, D. C., on the brief), for appellant.

Robert R. MacMillan, Norfolk, Va. (Breeden, Howard & MacMillan, Norfolk, Va., on the brief), for appellee.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

SOPER, Circuit Judge.

This action was instituted by the Secretary of Labor under the Fair Labor Standards Act, 29 U.S.C.A. Sec. 201 et seq., to enjoin the Sherry Corine Corporation from violating the minimum wage and related sections of the statute at the restaurants which it operates at the Municipal Airport in Norfolk, Virginia. The defendant contended that its employees were not covered by Secs. 6 and 7 of the Act since they were not engaged in commerce or in the...

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