Rogers v. Schenkel

FRANK, Circuit'Judge.

There is evidence, consisting in considerable part of oral testimony, which amply supports the judge’s findings. But we cannot agree with his legal conclusions. Although they may have seemed to be justified when made, subsequent decisions of the Supreme Court compel reversal. See Walling v. Portland Terminal Co., 67 S. Ct. 639; Walling v. Nashville, Chattanooga & St. Louis Ry., 67 S.Ct. 644.1

Reversed.

la the Portland Terminal Company case, supra [67 S.Ct. 641], the Court said: “Section 3(g) of the Act [29 U.S. S.C.A. § 203(g)] defines ‘employ’ as including ‘to suffer or…