Fleming v. Farmers Peanut Co.

SIBLEY, Circuit Judge.

In this case the Wage and Hour Administrator seeks ah injunction to compel Farmers Peanut Company, who is engaged in shelling peanuts in Cairo, Georgia, to observe the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., as to its employees. It is not denied that many of the employees, numbering about one hundred, are engaged in commerce, but it is contended that they are not under the Act because of the provision in Section 13(a) that the wage and hour provisions shall not apply: “(10) to any individual employed within the area of production (as defined by the…