Tankard

Tankard v. Mitchell, Secretary of Labor

Good Law
215 F.2d 101·26 Lab. Cas. (CCH) 68,627
United States Court of Appeals for the Ninth CircuitAugust 11, 195413766_1California139 words

Opinion

The ultimate question on this appeal is whether Tankard’s employees come within Section 16(c) of the Fair Labor Standards Act of 1938, c. 676, 52 Stat. 1060 , 29 U.S.C. 201 et seq., as amended in 1949 by c. 736, 63 Stat. 910 , 29 U.S.C.A. § 201 et seq. as to payment for overtime. That question turns upon whether Tankard knew or in reason should have known that a substantial quantity of scrap metal and paper sold by Tankard locally was purchased for and was shipped in interstate commerce. Warren-Bradshaw Drilling Co. v. Hall, 317 U.S. 88 , 63 S.Ct. 125 , 87 L.Ed. 83 ; Culver v. Bell & Loffland, 9 Cir., 146 F.2d 29 .

There is ample evidence in the record to support the trial court’s finding in the affirmative on the latter question.

Affirmed.