Anderson v. Southern Pac. Co.

BRIGHT, District Judge.

Defendant moves for summary judgment, in this action to recover overtime, under Sections 6 and 7 of the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 206 and 207, upon the ground that it is exempted from the provisions of Section 7 by Section 213(b)(2) of Title 29, in that plaintiffs are employees “of an employer subject to the provisions of sections 1-27 of Title 49,” which subject to regulation by the' Interstate Commerce Commission common carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water,…