Walling v. National Ice & Fuel Corp.

KERNER, Circuit Judge.

By his complaint the Administrator of the Wage and Hour Division sought an injunction under § 17 of the Fair Labor Standards Act of 1938, 52 Stat 1069, 29 U.S.C.A. § 217, to enjoin defendant from violating the overtime requirement of the Act.

Defendant operates manufacturing plants at Chicago, Illinois, in which it employs twenty to seventy persons in the production, sale, and distribution of ice for interstate commerce. The sole conflict between the parties arose over the question as to-vriiether ten of the employees — nine en*29gineers and a chief engineer — are employed…