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HOUCHIN v. THOMPSON

No. 20158.

438 F.2d 927 (1970)

Z. E. HOUCHIN et al., Plaintiffs-Appellants, v. L. K. THOMPSON, Jr. and L. K. Thompson, Jr., d/b/a L. K. Thompson Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

August 28, 1970.

Attorney(s) appearing for the Case

Maurice Wexler, Memphis, Tenn., for plaintiffs-appellants; Longstreet Heiskell, Memphis, Tenn., on brief; Heiskell, Donelson, Adams, Williams & Wall, Memphis, Tenn., of counsel.

John B. Mack, Memphis, Tenn., for defendants-appellees; Clarence Clifton, Memphis, Tenn., on brief; Clifton & Mack, Memphis, Tenn., of counsel.

George P. Shultz, Secretary of Labor, U. S. Dept. of Labor, Laurence H. Silberman, Sol. of Labor, Bessie Margolin, Associate Sol., Carin Ann Clauss, Leon M. Kestenbaum, Attys., U. S. Dept. of Labor, Washington, D. C., Marvin M. Tincher, Regional Atty., on brief as amicus curiae.

Before WEICK, McCREE and BROOKS, Circuit Judges.

ORDER

PER CURIAM.

This is an appeal from a judgment following a non-jury trial in which it was determined that the plaintiffs-appellants were not afforded coverage by the wage and hour provisions of the Fair Labor Standards Act (Title 29, U.S.C. Sections 201 et seq.).

Plaintiffs are eight elevator operators, two porters and a night watchman, who were employed to work in the Exchange Building, a 22-story office building located in Memphis, Tennessee...

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