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TOBIN v. ALSTATE CONST. CO.

No. 10464.

195 F.2d 577 (1952)

TOBIN v. ALSTATE CONST. CO.

United States Court of Appeals Third Circuit.

Decided April 9, 1952.

Rehearing Denied May 5, 1952.

Attorney(s) appearing for the Case

S. A. Schreckengaust, Jr., Harrisburg, Pa. (McNees, Wallace & Nurick, Harrisburg, Pa., on the brief), for appellant.

William A. Lowe, Washington, D. C. (William S. Tyson, Sol., Bessie Margolin, Asst. Sol., and Joseph D. Mladinov, Attorney, United States Department of Labor, all of Washington, D. C., Ernest N. Votaw, Regional Atty., United States Department of Labor, Philadelphia, Pa., on the brief), for appellee.

Before MARIS, KALODNER and STALEY, Circuit Judges.

KALODNER, Circuit Judge.

Where an employer is engaged in the production and application of a bituminous material used in the repair and maintenance of highways over which interstate commerce moves, are those off-the-road employees who perform work essential to the production of the material "engaged in commerce or in the production of goods for commerce" within the meaning of the Fair Labor Standards Act of 1938, 29 U. S.C.A. § 201 et seq.?

The question...

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