Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Walling v. Connecticut Co.

CIRCUIT COURT OF APPEALS, SECOND CIRCUIT.


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

Affirmed.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.