This is an appeal from a judgment of the United States District Court for the Northern District of Alabama holding that certain business corporations do not together constitute an enterprise within the meaning of Sections 3(r) and 3(s) of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., as amended in
The action was brought by the Secretary of Labor under § 17 of the Act to enjoin alleged violations of its provisions with reference to minimum wage, overtime and record keeping requirements, and to enjoin the continued withholding of wages alleged to be owing to certain employees of the appellees. After a full evidentiary hearing, during which a number of witnesses appeared and substantial documentary evidence was presented, the District Court entered extensive findings of fact and conclusions of law holding that under the facts of the case the businesses involved do not constitute related activities performed through unified operation or common control for a common business purpose, and that the appellees do not constitute an enterprise within the meaning of the Act.
A careful review of the record convinces us that the facts found by the District Court are supported by substantial evidence and that the legal conclusions reached are supported by the facts so found. Wirtz v. Hardin & Co., Inc., et al., 253 F.Supp. 579. The judgment is