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TENNESSEE COAL, IRON & R. CO. v. MUSCODA LOCAL NO. 123

Civil Actions Nos. 5232-5234.

40 F.Supp. 4 (1941)

TENNESSEE COAL, IRON & R. CO. v. MUSCODA LOCAL NO. 123 et al. (FLEMING, Intervener). SLOSS-SHEFFIELD STEEL & IRON CO. v. SLOSS RED ORE LOCAL NO. 109 et al. (FLEMING, Intervener). REPUBLIC STEEL CORPORATION v. RAIMUND LOCAL NO. 121 et al. (FLEMING, Intervener).

District Court, N. D. Alabama, S. D.

August 13, 1941.

Attorney(s) appearing for the Case

Borden Burr, Grady Patterson, Benners, Burr, McKamy & Forman, Ernest All, Sam Bronaugh, Bernard Monaghan, and Bradley, Baldwin, All & White, all of Birmingham, Ala., for plaintiffs.

Crampton Harris, of Birmingham, Ala., J. A. Lipscomb, of Bessemer, Ala., Lee Pressman and Joseph Kovner, both of Washington, D. C., and J. Q. Smith, W. F. Spencer, and Ralph W. Quinn, all of Birmingham, Ala., for defendants.

Jerome A. Cooper, of Birmingham, Ala., and Abner Brodie and Erwin B. Ellmann, both of Washington, D. C., for intervener.

MURPHREE, District Judge.

These cases, which were consolidated for trial, are actions for declaratory judgments. The plaintiffs are three corporations engaged, inter alia, in mining iron ore; they contend that the workweek of their underground ore mining employees does not include, within the meaning of Section 7 of the Fair Labor Standards Act of 1938, Title 29, U.S.C.A., § 207, that portion of the time spent by those employees in being transported and in walking...

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