Otto D. Gray Etc. v. Swanney-Mcdonald, Inc., William Lawman v. Swanney-Mcdonald, Inc.

Appellants, 12 tow truck drivers, appeal from the dismissal of their action against Swanney-McDonald, Inc., seeking to recover overtime compensation to which they claim entitlement under section 7(a) (1) of the Fair Labor Standards Act, 29 U.S.C. § 207 (a) (1). Appellants contend that the district court erred in holding that Swanney-Mc-Donald was exempted from coverage of the Act by 29 U.S.C. § 213 (a) (2) and in holding that part of their claims were barred by limitations. Appellees respond that the district court correctly decided both issues, but that it need not have decided either had the court not erred in finding that appellant’s work was in interstate commerce.

We first take up appellee’s contention that the appellants were not engaged in interstate commerce and thus were not subject to the Act. Swanney-McDonald, Inc., is a California corporation having its principal place ■ of business in Los Angeles where it operates an automotive tow service garage providing tow service and emergency road service for disabled motor vehicles in the greater Los Ange-les area. Appellants were the drivers who did the actual towing and road servicing. Among the areas they serviced were a…