Armstrong

This is a suit for overtime compensation and liquidated damages under §§ 7 and 16 of the Fair Labor Standards Act, 29 U.S. C.A. §§ 207, 216.

The appellant, Coast Van Lines, Incorporated, is engaged in the business of packing, crating, storing, shipping and handling goods, wares and merchandise, particularly household goods and furniture. It is conceded that 55%% of appellant’s business is intrastate and 44%% interstate. Appellees were employed by appellants in the capacity of packers, craters, warehousemen, weighers, and sometimes in a combined capacity which included occasional driving. Appellees are admittedly “engaged in commerce or in the production of goods for commerce” within the meaning of the Fair Labor Standards Act and may invoke the provisions of the Act unless they fall within one of its exemptions.

The following questions are presented:

1. Are appellees exempt from the overtime provisions of the Fair Labor Standards Act under § 13(a) (2), 29 U.S.C.A. § 213 , (a) (2), which makes said provisions inapplicable to “any employee engaged in any retail or service establishment the greater part of whose selling or servicing is in intrastate commerce.”

2. Are appellees…