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WIRTZ v. DURHAM SANDWICH COMPANY

No. 10482.

367 F.2d 810 (1966)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellee, v. DURHAM SANDWICH COMPANY, Inc., and Austin R. Pendergraft, Appellants.

United States Court of Appeals Fourth Circuit.

Decided September 15, 1966.

Attorney(s) appearing for the Case

Eugene C. Brooks, III, Durham, N. C., (E. C. Brooks, Jr., Durham, N. C., on brief), for appellants.

Caruthers G. Berger, Atty., Dept. of Labor (Charles Donahue, Sol. of Labor, Bessie Margolin, Associate Sol., Beverly R. Worrell, Regional Atty., Robert E. Nagle and Allen H. Sachsel, Attys., Dept. of Labor, on brief), for appellee.

Before SOBELOFF and J. SPENCER BELL, Circuit Judges, and LEWIS, District Judge.

SOBELOFF, Circuit Judge:

The District Court found that Carl Davis was "regularly and recurrently engaged in interstate commerce"1 within the meaning of the Fair Labor Standards Act and ordered Durham Sandwich Co., his employer, to pay him overtime wages unlawfully withheld in the amount of $1,209.90.2 The employer's appeal advances the argument that Davis was not "engaged in commerce."3

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