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ST. JOHN v. BROWN

Civil No. 227.

38 F.Supp. 385 (1941)

ST. JOHN et al. v. BROWN et al.

District Court, N.D. Texas, Fort Worth Division.

March 28, 1941.

Attorney(s) appearing for the Case

Davidson, McMahon & Smart, of Abilene, Tex., for plaintiffs.

Curtis E. Hill, of Dallas, Tex., for defendants.

Gerard D. Reilly, Sol. of Labor, Irving J. Levy, Asst. Sol., Llewellyn B. Duke, Regional Atty., and George B. Searls, Sr. Atty., all of Washington, D.C. (David Persinger and Walter T. Nolte, both of Washington, D.C., of counsel), for Philip B. Fleming, Administrator of Wage & Hour Division, U.S. Department of Labor.

WILSON, District Judge.

The questions to be decided arise under the Fair Labor Standards Act, Title 29 U. S.C.A. § 201 et seq. It really involves, as to hours and wages, whether ordinary oil field workers came under Federal control, upon the effective date of the Act.

The plaintiffs, St. John-Choate et al. and St. John-Choate Gathering System, separate partnerships composed practically of the same personnel, primarily filed this suit under the Declaratory...

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