MITCHELL v. HOOPER EQUIPMENT COMPANY

No. 17908.

279 F.2d 893 (1960)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. HOOPER EQUIPMENT COMPANY, Inc. et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 29, 1960.


Attorney(s) appearing for the Case

Bessie Margolin, Asst. Sol., Beate Bloch, Atty., Harold C. Nystrom, Acting Sol., U. S. Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., Birmingham, Ala., for appellant.

Robert M. Brake, Benjamin W. Turner, Turner, Hendrick, Fascell & Brake, Coral Gables, Fla., for appellees.

Before HUTCHESON, BROWN and WISDOM, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

The question here is whether persons engaged in mining rock from quarries belonging to a company which then processes the rock into aggregate or premixed cement for delivery in substantial quantities to contractors engaged in construction of major facilities of interstate commerce are covered under the Fair Labor Standards Act? 29 U.S.C.A. § 201 et seq. The District Court held that such activities were too remote, that is, not a...

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