174 F.2d 731 | 8th Cir. | 1949
This is an action to recover overtime compensation, under the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 201-219. The appellants were, in 1942, employees of the appellees, who, under a cost-plus-a-fixed-fee contract with the United States, built the Pine Bluff Arsenal, in Arkansas, for the production of munitions of war. The appellees moved for summary judgment on the ground that the appellants were not engaged in commerce and were, therefore not covered by the Act. The District Court concluded that the appellants were not within the coverage of the Act, and dismissed their complaint for lack of jurisdiction. This appeal followed.
The case was submitted to this Court at the May, 1948, Term. While it was apparent that in so far as the claims of the appellants were based on services rendered by them in connection with the construction of the arsenal, the appellants were not
Affirmed.
Noonan v. Fruco Construction Co., 8 Cir., 140 F.2d 633; Nieves v. Standard Dredging Corp., 1 Cir., 152 F.2d 719, 721; Kelly v. Ford, Bacon & Davis, Inc., 3 Cir., 162 F.2d 555, 558-561; Laudadio v. White Construction Co., Inc., 2 Cir., 163 F.2d 383, 386-387. See, also McDaniel v. Brown & Root,. Inc., 10 Cir., 172 F.2d 466, 471, and Murphy v. Reed, 335 U.S. 865, 69 S.Ct. 105.