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BEAR CREEK MINING COMPANY v. WIRTZ

Nos. 6069, 6070.

317 F.2d 67 (1963)

BEAR CREEK MINING COMPANY, Defendant, Appellant, v. W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff, Appellee. BOYLES BROS. DRILLING CO., Defendant, Appellant, v. W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

May 13, 1963.

Attorney(s) appearing for the Case

William A. Ziegler, Jr., New York City, with whom Gabriel De La Haba, Rafael Bargano, Jr., Garrard Harris, San Juan, P. R., and Sullivan & Cromwell, New York City, were on brief, for appellants; Owen & Ward, Salt Lake City, Utah, of counsel.

Thompson Powers, Deputy Sol. of Labor, with whom Charles Donahue, Sol. of Labor, Bessie Margolin, Associate Sol., Jacob I. Karro and Beate Bloch, Washington, D. C., Attys., and Morton M. Marks, Regional Atty., were on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

In these cases the Secretary of Labor seeks to narrow the gap between the original Fair Labor Standards Act definition, "any process or occupation necessary" to the production of goods for interstate commerce, and the more restricted language of the 1949 amendment, "any closely related process or occupation directly essential * * *." 29 U.S.C.A. § 203(j). The breadth of this gap is far from clear. Cf. Mitchell v. H. B. Zachry Co., 1960...

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