Johnson v. Great Nat. Life Ins. Co.

On Motion for Rehearing.

Appellant urges the controlling effect of Kirschbaum v. Walling, 316 U.S. 517, 62 S.Ct. 1116, 86 L.Ed. 1638, but we see a clear distinction between that case and the instant facts. In the decision just cited, the buildings involved were structures known to the trade as “loft buildings,” in which practically all of the tenants were engaged in the manufacture of goods for commerce. That appeal dealt with employees engaged in an occupation necessary for production for commerce, whereas, there is no production involved in the cas.e at bar.

Moreover, the rule has been lately…