Opinion
No. 10120.
February 12, 1946.
Appeal from the District Court of the Eastern District of Michigan, Southern Division; Frank A. Picard, Judge.
Action by L. Metcalfe Walling, Administrator of the Wage and Hour Division, United States Department of Labor, against Griffin Cartage Company, Inc., for an injunction to restrain the defendant from violating the overtime provisions of the Fair Labor Standards Act of 1938, § 7, 29 U.S.C.A. § 207. From a judgment for the plaintiff, 62 F. Supp. 396, the defendant appeals.
Affirmed.
Matheson, Dixon Brady, of Detroit, Mich., for appellant.
William Tyson, of Washington, D.C., for appellee.
Before HICKS, ALLEN and MARTIN, Circuit Judges.
This case came on to be heard upon the briefs and record and oral argument of counsel. And it appearing that 95% of the appellant's business consists of transporting castings, forgings and machine parts from plants where they have been partly manufactured to other plants where additional steps in the processing of the finished goods are performed and then delivering the completed products to automobile manufacturers to become component parts of trucks, automobiles and machines sold and shipped in interstate commerce:
The District Court did not err in finding that appellant's employees are engaged in the production of goods for commerce within the provisions of § 7 of the Fair Labor Standards Act of 1938, Title 29 U.S.C.A. § 207; West Kentucky Coal Co. v. Walling, 6 Cir., 153 F.2d 582, nor in holding that such employees are not exempted from the requirements of the Act under § 13(b)(1) and § 13(a) (2) thereof, Title 29 U.S.C.A. § 213(b)(1) and § 213(a)(2).
It is therefore ordered that the judgment of the District Court be, and it hereby is affirmed upon the grounds and for the reasons stated in its opinion filed September 5, 1945. Roland Electrical Co. v. Walling, U.S., 66 S.Ct. 413.