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

No. 10278.

135 F.2d 320 (1943)

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

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 27, 1943.

Attorney(s) appearing for the Case

Borden Burr, E. L. All, S. M. Bronaugh, and Bernard A. Monaghan, all of Birmingham, Ala., for appellants.

Crampton Harris and Ralph W. Quinn, both of Birmingham, Ala., and J. A. Lipscomb, of Bessemer, Ala., for appellees.

Irving J. Levy, Associate Sol., Bessie Margolin, and Mortimer B. Wolf, Asst. Sol., U. S. Department of Labor, all of Washington, D. C., and William A. Lowe and Jerome A. Cooper, Regional Attys., U. S. Department of Labor, both of Birmingham, Ala., for administrator of Wage & Hour Division, U. S. Department of Labor, appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

These appeals are from a judgment declaring that the working time of underground iron-ore mining employees, comprising the work-week of such employees under Section 7 of the Fair Labor Standards Act of 1938,1 includes time spent by them on the surface in checking in and out, obtaining and returning tools, lamps, and carbide, and time spent underground from the time they are required to report at the portal of the...

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