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Walling v. Connecticut Co.

March 29, 1946

WALLING
v.
CONNECTICUT CO.



Author: Frank

Before L. HAND, CLARK and FRANK, Circuit Judges.

FRANK, Circuit Judge.

There is little to add to what was said in the opinion below. Aside from § 13(a)(9), the employees are obviously within the Act, without regard to the percentage of power sold for use in interstate commerce.*fn1 Defendant's contention comes to this: Since it is a "local trolley carrier," none of its employees is covered by the Act because § 13(a)(9) expressly exempts "any employee" of such a carrier. Literally, that contention is correct. But it would mean that, no matter in what business, however extraneous to its functioning as a "local trolley carrier," defendant engaged, those employed in that extraneous business would be exempt. The policy of the Act, disclosed in its history, precludes the acceptance of such a literal construction.*fn2

Affirme ...


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