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WIRTZ v. CHARLESTON COCA COLA BOTTLING COMPANY

No. 10107.

356 F.2d 428 (1966)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. CHARLESTON COCA COLA BOTTLING COMPANY, Incorporated, Vendors Unlimited, Incorporated, Fountain Products of Charleston, Incorporated, and G. Simms McDowell, Jr., Appellees.

United States Court of Appeals Fourth Circuit.

Decided January 25, 1966.

Attorney(s) appearing for the Case

William Fauver, Atty., U. S. Dept. of Labor (Charles Donahue, Sol. of Labor, Bessie Margolin, Assoc. Sol., Robert E. Nagle, Atty., and Beverley R. Worrell, Regional Atty., U. S. Dept. of Labor, on brief), for appellant.

R. M. Hollings and T. E. Pedersen, Charleston, S. C., for appellees.

Before HAYNSWORTH, Chief Judge, and BOREMAN and J. SPENCER BELL, Circuit Judges.

J. SPENCER BELL, Circuit Judge:

This appeal raises the issue of whether the defendant's route helpers who work on the delivery trucks qualify for exemption as "outside salesmen" under the Fair Labor Standards Act, 29 U.S.C. § 213(a) (1). We find no substantial evidence in this record to support the district court's conclusion that they do. The burden of the testimony offered by both sides was to the effect that the job of the route helpers was to load, unload...

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