DISTRICT OF COLUMBIA v. SCHWERMAN TRUCKING CO.

Nos. 6412 and 6502.

327 A.2d 818 (1974)

DISTRICT OF COLUMBIA et al., Appellants, v. SCHWERMAN TRUCKING COMPANY, Appellee. DISTRICT OF COLUMBIA et al., Appellants, v. DIENER'S LINOLEUM AND TILE CO., INC., Appellee.

District of Columbia Court of Appeals.

Decided October 31, 1974.

Rehearing en Banc Denied February 7, 1975.


Attorney(s) appearing for the Case

Leo N. Gorman, Asst. Corp. Counsel, Washington, D. C., with whom C. Francis Murphy, Corp. Counsel, and Richard W. Barton, Asst. Corp. Counsel, Washington, D. C., were on the briefs, for appellants in No. 6412 and No. 6502.

John J. McAleese, Jr., Philadelphia, Pa., pro hac vice, of the Bar of the State of Pennsylvania, and Clyde E. Herring, Washington, D. C., for appellee in No. 6412.

Edward J. Dempsey, Washington, D. C., for appellee in No. 6502.

Before REILLY, Chief Judge, and FICKLING and YEAGLEY, Associate Judges.


REILLY, Chief Judge:

The questions presented by these appeals are whether the overtime provisions1 of the Minimum Wage Act, D.C.Code 1973, § 36-401 et seq., (herein "the Act") have any applicability (1) to persons who report for work in the District of Columbia, but whose employment assignments are performed partly within and partly outside the District, or (2) to persons, irrespective of place of employment, if their maximum hours...

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