WIRTZ v. HIGHWAY TRANSPORTATION, INC.

No. 8616.

310 F.2d 643 (1962)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellee, v. HIGHWAY TRANSPORTATION, INC., Appellant.

United States Court of Appeals Fourth Circuit.

Decided November 7, 1962.


Attorney(s) appearing for the Case

Ernest W. Machen, Jr., Charlotte, N. C. (Blakeney, Alexander & Machen, Charlotte, N. C., on brief), for appellant.

Jacob I. Karro, Acting Asst. Sol., United States Department of Labor (Charles Donahue, Sol. of Labor, Caruthers G. Berger, Attorney, and Beverley R. Worrell, Regional Attorney, United States Department of Labor, on brief), for appellee.

Before SOPER, HAYNSWORTH and BRYAN, Circuit Judges.


HAYNSWORTH, Circuit Judge.

The Secretary of Labor brought this action to recover, for the benefit of eight truck drivers, additional compensation for hours worked by the truck drivers in excess of forty hours per week. The employer defends upon the ground that its operations are subject to regulation by the Interstate Commerce Commission under the Motor Carrier Act and the services of its truck drivers are, therefore, exempt from § 7 of the Fair Labor Standards...

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