Russell Co., Inc. v. McComb

McCORD, Circuit Judge.

This suit was brought by the Administrator of the Wage and Hour Division of the United States Department of Labor 1 to restrain certain alleged violations of the Fair Labor Standards Act of 1938. Title 29 U.S.C.A. § 201.

The question here presented is whether a night watchman employed by appellant was “engaged in commerce” or in the “production of goods for commerce” in such manner as to be covered by the Fair Labor Standards Act.

The material facts, briefly stated, reveal that appellant operates a wholesale grocery business at Jackson, Mississippi, where it maintains a…